As per the law ministry's advice, to which dna has access, for the exhibition and screening of foreign films, the NOC is not required.
Filmmakers have to obtain a no-objection certificate (NOC) from the Animal Welfare Board of India (AWBI) for using animals in shoots inside as well as outside the country, the Union law ministry has advised the Information and Broadcasting ministry recently.
It also said the provisions of the Prevention of Cruelty to Animals Act is applicable to all categories of films including all films which were shot outside and brought within the country for exhibition.
As per the law ministry's advice, to which dna has access, for the exhibition and screening of foreign films, the NOC is not required.
Expressing concern over the mandatory requirement of NOC from AWBI, the Censor Board raised the issue that it is not possible impose this condition on foreign filmmakers as different countries have different rules and they may ask Indian producers to follow their internal laws and rules.
In its recent opinion to the I&B ministry, the law ministry has referred to Bombay High Court's directions in 2005 and also the Supreme Court findings asking the government to ensure that no animal should be subjected to cruelty in any of the films. It also referred to the Cinematography Rules and guidelines on the issue.
"The concerns of cruelty to animals arise at the time of shooting of films and AWBI clearance does apply to films shot or produced in India, shot partly or whole which are to be exhibited to Indian viewers. In the case of films imported into India, the concerns of cruelty to animals equally apply, however, the requirement of NOC is not necessary during the filming and nor at the stage of exhibition….," the law ministry said.
It was pointed out that the guidelines provide that Central Board of Film Certification (CBFC) shall ensure that "showing cruelty to or abuse of animals are not presented needlessly."
The information and broadcasting ministry was advised to make suitable amendment in its rules as well as guidelines under the Prevention of Cruelty to Animals Act.
The issue emerged after Maneka Gandhi, the minister for Women and Child Development (WCD) who is also an animal rights activist had written a letter to the I&B ministry last year and sought its intervention to restrain filmmakers from depicting animals in an inhuman manner in their films.
Following which, the ministry of information and broadcasting has asked the CBFC, also known as the censor board, to amend "necessary provisions," making it mandatory for a no-objection certificate (NOC) from the Animal Welfare Board in such instances. The CBFC has been asked to change the "relevant provisions of Cinematograph (Certification) Rules, 1983, and guidelines" in this respect.
A highly placed source from the I&B ministry said that following the communication, all such films are currently taking permission from the ABWI.
"We had expressed our concerns regarding such films, mostly those which are shot outside. We had told the ministry about the future problems we can face on this," a source told dna, adding that permissions for all films are currently taken from ABWI. "So far, there has not been any problem in this regard but one can't rule them out in the future," the source said.
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