Yesterday, On 19th November, The Supreme Court will hear a plea in January concerning issues related to pre-censorship of films. The case, initiated by veteran actor-director Amol Palekar, challenges the regulatory framework surrounding film certification. In April 2017, the apex court sought responses from the Central Government and the Central Board of Film Certification (CBFC) on the matter.
New Delhi: The Supreme Court announced on Tuesday that it will hear a plea regarding the pre-censorship of films in January.
This case stems from a petition filed by veteran actor-director Amol Palekar, which the Court previously addressed in April 2017 by seeking responses from the Central Government and the Central Board of Film Certification (CBFC).
During the hearing, Justices B R Gavai and K V Viswanathan questioned,
“Why should all such petitions be filed directly before the Supreme Court?”
The counsel representing Palekar stated that the pleadings were complete and emphasized,
“It is our respectful submission that documentaries do not fall within the definition of cinematograph as defined under the Act (Cinematograph Act).”
As the lawyer referred to the requests made in the petition, the bench noted that these also pertain to the pre-censorship of films. The counsel pointed out that the government had enacted the Cinematograph (Amendment) Act, 2023 in August of the previous year, but it did not address the concerns raised in the petition.
He requested that the matter be scheduled for hearing in January and mentioned that he would submit a brief written synopsis.
In response, Additional Solicitor General Aishwarya Bhati, representing the Centre, suggested that it would be beneficial for the Supreme Court to have the insights of a high court ruling on the issues raised by the petitioner.
Bhati brought up the topic of regulations for Over-The-Top (OTT) platforms. When the petitioner’s counsel pointed out that these regulations do not pertain to documentaries, the law officer responded,
“It is a developing field.”
The bench then stated,
“As requested by counsel for the petitioner(s), list these matters in the week commencing from January 15, 2025.”
This plea challenges various provisions of the Cinematography Act, arguing that pre-censorship of films is outdated in the internet era.
Film censorship in India is regulated by the Central Board of Film Certification (CBFC), which was established under the Cinematograph Act of 1952. The CBFC’s primary responsibility is to ensure that films comply with guidelines designed to prevent the distribution of content considered offensive or detrimental to societal norms.
The landscape of film censorship in India continually changing, striving to balance the safeguarding of societal values with the need for artistic expression. Ongoing legal disputes and public discussions highlight the complexity and evolving nature of this subject.