Adipurush makers may face action under Cinematograph Act; know all about it

The Lucknow bench of the Allahabad High Court recently heard a plea regarding Adipurush. The court allowed an amendment application and considered the involvement of the dialogue writer, Manoj Muntashir, as a party in the petition that seeks to halt the screening of the movie. Additionally, the court has sought clarification from the Central Government regarding potential action that can be taken under the provisions of the Cinematograph Act, 1952. 

3 things you need to know

• Court expressed concern over how key characters of the epic Ramayana have been depicted in Adipurush.
• The makers were also reprimanded over the film's dialogues.
• "Hindus are tolerant but why they are tested every time?" asked the bench in the HC.  

What is the Cinematograph Act, 1952?

The Cinematograph Act, 1952, was enacted by the Parliament of India to ensure that films are exhibited within the boundaries of societal tolerance, as defined in Article 19(1)(a) and 19(2) of the Indian Constitution. The act also establishes the Central Board of Film Certification (CBFC), commonly known as the censor board. It plays a crucial role in granting certification and regulating public film exhibitions.

(Representative image of a camera | Image: Shutterstock)

CBFC and Film Certification in movies

The CBFC evaluates films comprehensively, keeping in mind the contemporary societal standards and follows the prescribed procedure outlined in Section 4 of the Cinematograph Act. After scrutiny, the board can either grant a certificate that is valid for ten years or issue a rejection order, adhering to principles of natural justice and due process.

The CBFC categorises films into four different categories based on their content:

Universal (U): Films suitable for unrestricted public exhibition, allowing families, including children of all ages, to watch them.

Parental Guidance (UA): Films containing material that may require parental or guardian advisory for children below the age of twelve.

Adults Only (A): Films restricted to adults, specifically individuals above the age of 18, due to the content's potential negative influence on younger audiences.

Restricted to a Special Class of Persons (S): Films deemed suitable only for a specific class of individuals or professions based on their theme, nature or content.

(Representative image of a movie screen | Image: Shutterstock)

Functions of CBFC

According to Section 5B(2) of the Cinematograph Act, the Central Board of Film Certification (CBFC) is required to adhere to certain principles while granting certification to films. These guidelines stipulate that the medium of film should align with societal values, while ensuring that creative freedom and artistic expression are not unreasonably restricted. The certification process should also reflect the responsiveness to social changes and aim to provide clean and wholesome entertainment.

Moreover, films must maintain a decent standard and possess aesthetic value. It is important for the CBFC to evaluate films holistically, avoiding any biased perspectives or narrow judgments.

(Representative image of a projector | Image: Shutterstock)

Throughout the history of Indian cinema, the CBFC has exercised its power to censor certain film/parts in it based on considerations of public order, decency, morality, integrity and sovereignty. The absence of a fixed formula for determining censorship highlights the subjective nature of morality, requiring careful attention to avoid controversy and respect the sentiments of the wider public.

What actions could CBFC take against Adipurush makers under Cinematograph Act?

Section 7 of the Cinematograph Act stipulates the offenses and penalties for exhibiting films in contravention of its provisions. Additionally, the Act empowers the police to conduct searches and seizures following the procedures outlined in the Code of Criminal Procedure, 1973, when a film is being exhibited unlawfully.

If Adipurush is screened in violation of the provisions outlined in the Cinematograph Act, the Central government holds the power to suspend or cancel the certificate issued under section 5A. This action can be taken by issuing a notification in the Official Gazette, and the duration of the suspension or revocation will be determined at the government's discretion.

(File photo of Adipurush poster | Image: Twitter)

Can Adipurush makers seek redressal?

In cases where an applicant is dissatisfied with CBFC's decision, they have the option to appeal to the Film Certificate Appellate Tribunal (FCAT) within thirty days. The film must pass the scrutiny of the Examining Committee, the Revising Committee and FCAT to receive certification.

Exhibiting a film without proper certification may lead to suspension or revocation of the granted certificate by the Central Government, as mentioned in Section 5A.