Censorship , Banning, Film Censorship

Banning / censorship	Perumal Mergun's Book (One Part Women) Godman to Tycoon Baba Ramdev Banned by Karkardooma court Without listening the book authors On first hearing Violation of PNJ Adivasi Will not dance Jharkhand government banned on the ground of disrespecting the Santhal community Section 95 of CrPC
Madras HC	Liberal and progressive There should be no self-appointed censorship Duty of State to protect victim and not to succumb to the demand of Mob in the name of preserving order It is the duty of state and not of the court (it must be last resort)

Film Censorship	Cinematograph Act, 1952 CBFC Appellate Tribunal High Court Film Producer Society
Issues	Creativity vs censorship Dubious and irrational censorship based on prejudices
Against	Curbing the creativity and freedom of expression Misuse : No rational basis of cut Given India's diversity Every time certain section get annoyed so how to balance maximum Reasonable restrictions do not include whether the people, in power or otherwise found something in poor taste, offensive or against the grain of social or political opinion Yo Yo singh's private album, sex and double meaning comedy like Grand Masti have been given clearance Every states have there own censorship rule
for	But not absolute, some limitation and restriction need to be there It should not come at the expanse of incitement, contempt and defamation of a society, individual or institution Access of certain thing has to be made difficult like Child pornography A lot has change and need to amend Society has changed
Examples	Vishwaroopam Bombay in 90s Udta Punjab: Film Censorship Kissa Khursi Ka, a political satire Final Solution on Gujarat 2002 riots India's Daughter, Banned Kamal Swaroop's Dance for Democracy
Way forward	Independent and autonomous Board as recommended by G. D. Khosla report in 1969 Shyam Benagal Committee : CBFC should limit it scope only to certification rather than censorship Can refuse for censorship Cinematograph Act need to be updated Functioning of FCAT(Film Certification Appellate Tribunal) need to be assessed High Court Power to order changes and cut must be exercised only in line with the provisions of constitution and Supreme Courts orders CBFC asked to not to look at cinema like a grandmother and move with time
Examples	Bed image of India Water and India's Daughter Communal Violence Final solution GJ Religious The Da Vinci Code Obscenity Kamasutra 50 shades of Grey Bandit Queen Taboo subjects Ka bodyscapes Fire Lipstick under My Burkha ;
	K A abbass case: SC upheld the censorship and special nature of cinema as a medium in its power to evoke reactions among the public and considered the restrictions under the Act to be reasonable
	M K Gandhi I want the cultures of all lands to be blow about my house as freely as possible. But I refuse to be blown off my feet by any. Lincoln Those safety and liberty.

Censor board	Supreme Court S.Rangarajan case pre-censorship is necessary
Against	Based on British era Mature audience If there is R to vote, right to marry then why not R to Watch Yes diversity need littile arbitration Film Council of India Only for certification Censorship has no space in mature democracy Tribunal comprising retired judges, lawyers, flimmakers, writers Shyma Benagal Committee
For	Reasonable restriction Complex and diverse society Violence Moral values degradation Has very high effect So need of CBFC Certification is dynamic
Balanced	1983 censor word was removed and certification inserted Only give certification

Centre Board of Film Certification (CBFC)	Statutory body Under cinematography Act 1952 Under Ministry of Information and Broadcasting
Features	Regulates the public exhibition of films, Films, TV shows, TV ads etc. Appointment by Central government  HQ: Mumbai
Issues	Certification Vs Censorship Political appointment Political influence Udta Punjab Controversy: ordered to take down all references to the state Punjab Pre-censorship(films) Vs Post-Censorship(other media) Creative freedom and sensitivity False cultural sensitivity Hypocrisy Prejudices Freedom of Speech Right to artistic freedom Right to Choose Right to information Subjectivity and partiality and lack of objective criterias i.e arbitrariness
For censorship	Sterotyping Misleading and misinformation Intolerant and uncompassionate Leading to caste and class violence
Problems	CBFC is tasked with ensuring that the content of the film does not fall in the category of "reasonable restrictions upon free speech" under Article 19(2) Design: It consist of abstract phases such as "public order", "decency or morality", defamation and so on. Against constitution: liberty Unethical Not in sync with time
Reform	Shyam Benegal Committee: Certification and selection of members Should be restricted to Categorization and certification  Can refuse for certification (Criticism) Bombay HC: It is for certification and not censorship. The power to order changes should be use only in line of the constitution and SC orders No right to interfere with the creative process and freedom of expression Should move with the times and understand the impulse of the present day creators.
Examples	Bandit Queen case: SC permitted some scenes of violence and Nudity on the ground that they served a larger social purpose of creating, in the minds of the viewers, a revulsion towards such actions. Indu Sarkar 14 words cut Lipstick Under Burkha on the ground of lady oriented and showing fantasies of women SC freedom of speech and expression and law and order cannot be ground for bannning of a movie Facing internal and external censorship Only Judiciary is
Way forward	Justice Mukul mudgul committee in 2013 : similar recommendation GD Khosla report: independent member on the board Ensuring implementation of recommendation Cinematographic Act need to be updated Functioning of FCAT (Tribunal) need to be assessed