SYNOPSIS
SYNOPSIS
CENSORSHIP OF MOVIES: IS THERE ANY NEED FOR IT IN AN AGE
CENSORSHIP OF MOVIES: IS THERE ANY NEED FOR IT IN AN AGE
WHEN
WHEN EVERYTHING
EVERYTHING IS A
IS AV
VA
AILABLE
ILABLE ON THE
ON THE INTERNET
INTERNET
RESEARCH PROBLEM RESEARCH PROBLEM
Censorship in simple language means the suppression of free speech, public communication Censorship in simple language means the suppression of free speech, public communication or other information which may be considered objectionable, harmful, sensitive, politically or other information which may be considered objectionable, harmful, sensitive, politically incor
incorrect rect or or inconinconvenienvenient t as as determidetermined by ned by govergovernmentnments, s, media outlets, authorities or media outlets, authorities or other other groups or institutions. In this project, the researcher will be laying emphasis on the censorship groups or institutions. In this project, the researcher will be laying emphasis on the censorship of movies. As we all know that our society is evolving day by day, and so as the thinking of of movies. As we all know that our society is evolving day by day, and so as the thinking of th
the e sosocicietyety. . DuDue e to to ththe e exexcecessissive ve use use of of tectechnhnolologogyy, , ininfoformrmatiation on ababouout t ananytythihing ng anandd everything is available just on the click of the finger. o, now it has become important for the everything is available just on the click of the finger. o, now it has become important for the society to know that whether the Certification !oard thinks deeply as to what certificate is society to know that whether the Certification !oard thinks deeply as to what certificate is given to which movie in such a manner that the creativity of directors and actors can prevail. given to which movie in such a manner that the creativity of directors and actors can prevail. And also whether the Certification !oard is being successful in checking as to what message And also whether the Certification !oard is being successful in checking as to what message the particular movie is giving to the society as the movies are considered to be the mirror of the particular movie is giving to the society as the movies are considered to be the mirror of our society.
our society.
REVIEW OF LITERATURE REVIEW OF LITERATURE In an article titled "
In an article titled "The Secret Life of Film CensorshipThe Secret Life of Film Censorship##$$ written by Ms. Sohini written by Ms. Sohini GhoshGhosh. As. As
this article was written in %&$$, the views of present writers may differ from her. this article was written in %&$$, the views of present writers may differ from her.
As per her article what the researcher can interpret was that if film and cultural studies argue As per her article what the researcher can interpret was that if film and cultural studies argue that cinematic texts are open to a number of readings, then censorship believes in just the that cinematic texts are open to a number of readings, then censorship believes in just the reverse. Censorship is always carried out on the basis of a singular interpretation of a text reverse. Censorship is always carried out on the basis of a singular interpretation of a text with the belief that, if allowed to pass, the images could have a 'harmful impact( on the with the belief that, if allowed to pass, the images could have a 'harmful impact( on the viewer. )h
viewer. )hat kind of harm can images at kind of harm can images do* +he most commonly held belief is that images do* +he most commonly held belief is that images cancan cause harm by instigating imitative action. In other words, it can lead people or at least some cause harm by instigating imitative action. In other words, it can lead people or at least some people-
people- to to violence, violence, sexual sexual assault assault or or other other harmful harmful activities. activities. +he +he second second notion notion of of 'harm('harm( aroun
around d which censorshwhich censorship is ip is invokinvoked ed conceconcerns images rns images that offend, degradthat offend, degrade e or belittle or belittle groupgroupss
1
or
or inindidivividudualals. s. +h+hosose e whwho o hohold ld ththis is viview ew bebelielieve ve ththat at onone e mamay y ririghghtftfulully ly ask ask fofor r ththee elimination of an image, speech or representation if it 'offends( groups or communities. elimination of an image, speech or representation if it 'offends( groups or communities. +hose who disagree with this view argue that there is no speech that does not offend +hose who disagree with this view argue that there is no speech that does not offend someone.
someone.
ost of the anxieties around the 'image7causes7harm( theory revolve around screen violence ost of the anxieties around the 'image7causes7harm( theory revolve around screen violence and sexually explicit imagery. 8anet taiger aptly sums up the academic position when she and sexually explicit imagery. 8anet taiger aptly sums up the academic position when she writes9 "+he proposition that violent movies produce imitative behaviour has had great media writes9 "+he proposition that violent movies produce imitative behaviour has had great media attention and e:ual critical scholarly rejection.# ;ver the years, there has been no evidence to attention and e:ual critical scholarly rejection.# ;ver the years, there has been no evidence to show that images have a direct impact on behaviour. 1ilm texts, regardless of authorial show that images have a direct impact on behaviour. 1ilm texts, regardless of authorial intention, are open to many different readings as viewers construct meaning according to intention, are open to many different readings as viewers construct meaning according to their predisposition, generic expectations and what scholar Annette <ill has described as their their predisposition, generic expectations and what scholar Annette <ill has described as their "portfolios of interpretations#.
"portfolios of interpretations#.
Insofar as the notion of 'image is the harm( is concerned, it has been pointed out that since Insofar as the notion of 'image is the harm( is concerned, it has been pointed out that since images are hugely interpretable= there can be no consensus about its 'meaning(. >adical images are hugely interpretable= there can be no consensus about its 'meaning(. >adical feminists in the ?A invoked both notions of 'harm( to demand the banning of pornography. feminists in the ?A invoked both notions of 'harm( to demand the banning of pornography. ?sing slogans like "pornography is the theory, rape is the practice#, they drew a straight line ?sing slogans like "pornography is the theory, rape is the practice#, they drew a straight line between
between pornography and pornography and male male sexual sexual violence. violence. 3ornography3ornography, they , they said, said, causes causes harm harm and isand is itself harm in that it "degrades# women. +he anti7censorship feminists, on the other hand, itself harm in that it "degrades# women. +he anti7censorship feminists, on the other hand, ini
initiattiated ed debdebates ates that that proprofoufoundlndly y shashaped ped the the concontemtemporporary ary undundersterstandanding ing of of conconsentsent,, women(s sexual pleasure, and the wisdom of using censorship as a strategy for social change. women(s sexual pleasure, and the wisdom of using censorship as a strategy for social change. +hey drew attention to the difference between sexist speech and sexually explicit speech and +hey drew attention to the difference between sexist speech and sexually explicit speech and argued that by conflating sexual explicitness with sexism@misogyny, anti7porn feminists had argued that by conflating sexual explicitness with sexism@misogyny, anti7porn feminists had failed to interrogate gender7based discrimination in 'respectable institutions( like religion, the failed to interrogate gender7based discrimination in 'respectable institutions( like religion, the fa
famimilyly, , anand d ththe e jujudidiciciararyy. . ++hehey y arargugue e ththat at tetermrms s lilike ke 'o'obsbsceceninityty(, (, 'd'degegraradadatitionon(,(, 'objectification( and 'commodification( are highly subjective terms that were bound to be 'objectification( and 'commodification( are highly subjective terms that were bound to be interpreted differently by different people. +he best way to counter discriminatory speech, interpreted differently by different people. +he best way to counter discriminatory speech, they advocated, was not censorship but counter7speech.
they advocated, was not censorship but counter7speech.
In an article titled "
In an article titled " Media Freedom, Film Censorship and Freedom of Media Freedom, Film Censorship and Freedom of ExpressionExpression##%% by by Dr.Dr.
Sukanta K. Nana
Sukanta K. Nana. In . In thithis s artiarticle, Dr. 4anda cle, Dr. 4anda taltalks ks aboabout ut the diffethe differencrence e of of cencensorssorshiphip between
between films films and and press. press. Article Article $ $ $- $- a- a- of of the the Constitution Constitution that that guarantees guarantees freedom freedom of of
2
2 Dr. ukanta B. 4anda, edia Dr. ukanta B. 4anda, edia 1reedom, 1ilm Censorship and 1reedom of 1reedom, 1ilm Censorship and 1reedom of xpression, Internationalxpression, International 8ournal of cience,
speech and expression which brings in to its contours the freedom of the press. 1ilms as a speech and expression which brings in to its contours the freedom of the press. 1ilms as a medium of expression also are put in the same footing and accordingly granted the e:ual medium of expression also are put in the same footing and accordingly granted the e:ual status. !oth the press and films are considered as strong mediums of communication. !oth status. !oth the press and films are considered as strong mediums of communication. !oth the mediums cater to the
the mediums cater to the needs of a vast number of needs of a vast number of people. +hus the films and the press enjoypeople. +hus the films and the press enjoy the same
the same status and right so status and right so far as far as constitconstitutionutional freedom relating to expression of ideas al freedom relating to expression of ideas andand spread
spreading the messages are ing the messages are conceconcerned. !ut when a rned. !ut when a compacomparison comes the press rison comes the press enjoyenjoys s a bita bit more freedom because the films are subject to censorship as per the provision of existing law. more freedom because the films are subject to censorship as per the provision of existing law. 3ress is immune from such censorship. Immediately after independence attempts were made 3ress is immune from such censorship. Immediately after independence attempts were made to curb the media freedom but with interference by the judiciary such attempts were negated. to curb the media freedom but with interference by the judiciary such attempts were negated. +he films are treated differently from the press so far as pre7censorship or censorship is +he films are treated differently from the press so far as pre7censorship or censorship is concerned. It is natural that a difference of opinion should be there regarding the :uestion concerned. It is natural that a difference of opinion should be there regarding the :uestion why censorship of films and not the press. +he apex Court has tried to find out an answer to why censorship of films and not the press. +he apex Court has tried to find out an answer to this through various judgments. +he present article attempts to go in to the crux of the matter this through various judgments. +he present article attempts to go in to the crux of the matter and arrive at a conclusion.
and arrive at a conclusion.
In a recent article, "
In a recent article, "Why ‘Censor Board m!Why ‘Censor Board m!st stic" st stic" only to only to certification#certification###FF by by Mr. S Mr. Sh!$hrah!$hra
G!pta
G!pta exexprpressessed ed hihis s viviewews s on on ththe e vevery ry recrecenent t cocontntroroveversy rsy of of ?d?dta ta 3u3unjnjabab. . 1r1rom om ththee perspective
perspective of of this this writer writer who has who has spent spent a a term term as as a a board board member, the member, the existence existence of of a a bodybody which interprets its mandate wisely and well is imperative, not a body which goes cut, cut, which interprets its mandate wisely and well is imperative, not a body which goes cut, cut, cut at the drop of a hat. ;r, shall we say, the appearance of a visual. +here is everything cut at the drop of a hat. ;r, shall we say, the appearance of a visual. +here is everything desirable about proper certification of films9 nothing good comes out of censorship exercised desirable about proper certification of films9 nothing good comes out of censorship exercised from a position of we7know7best arrogance and couched in shrill voices which occupy a faux from a position of we7know7best arrogance and couched in shrill voices which occupy a faux moral high ground, or when cinema is made a political pawn.
moral high ground, or when cinema is made a political pawn.
+his is how the certification procedure works9 once the film is complete, a filmmaker +his is how the certification procedure works9 once the film is complete, a filmmaker approaches the local office of the C!1C in order to obtain a censor certificate, without which approaches the local office of the C!1C in order to obtain a censor certificate, without which the film cannot be exhibited. In other words, the crucial document which lets the film fulfil its the film cannot be exhibited. In other words, the crucial document which lets the film fulfil its destiny, and be shown to the viewers it
destiny, and be shown to the viewers it was intended for.was intended for.
RESEARCH METHODOLOGY RESEARCH METHODOLOGY
3
3 r. hubhra /upta, 'Censor !oard( m r. hubhra /upta, 'Censor !oard( must stick onlust stick only to certification*, +he Indian xpress, 8une y to certification*, +he Indian xpress, 8une $&,$&, %&$G
+his research is descriptive and analytical in nature. econdary and electronic resources have +his research is descriptive and analytical in nature. econdary and electronic resources have been
been used used to to gather gather information information and and data data about about this this topic. topic. !ooks !ooks and and other other references references asas guided by the faculty have been primarily helpful in giving the project a firm structure. guided by the faculty have been primarily helpful in giving the project a firm structure. )ebsites, dictionaries and articles have also been referred to. An attempt has been made to )ebsites, dictionaries and articles have also been referred to. An attempt has been made to take in account of relevancy of Censorship of ovies in Indian context.
take in account of relevancy of Censorship of ovies in Indian context.
ubse:uently, the researcher would also be focusing on the interpretation of case laws which ubse:uently, the researcher would also be focusing on the interpretation of case laws which is already decided by the court. <ere, researcher will review mainly three case laws which is already decided by the court. <ere, researcher will review mainly three case laws which will prove that censorsh
will prove that censorship of ip of movimovies may es may work towardwork towards the s the benefibenefit of t of the society but that isthe society but that is not always the case. ome judgments have been delivered with great insight and visualiHation not always the case. ome judgments have been delivered with great insight and visualiHation but some others are based only on self conviction and belief, that such a judgment would help but some others are based only on self conviction and belief, that such a judgment would help the parties, without taking into consideration the repercussions on the law or on the society at the parties, without taking into consideration the repercussions on the law or on the society at large. o, these three cases include97
large. o, these three cases include97
$.
$. 3hant3hantom 1ilmom 1ilms 3vt. 0tds 3vt. 0td. and ;rs. v. and ;rs. v. +. +he Centhe Central !oard oral !oard of 1ilm Cerf 1ilm Certificatitification C!1Con C!1C--and ;rs.
and ;rs.66
%.
%. !obby !obby Art Art InternInternationaational, etc. vl, etc. vs. ;m 3s. ;m 3al ingal ingh <ooh <oon and on and others.thers.55
F.
F. B.A. B.A. AbAbbas vs. bas vs. +he ?+he ?nion onion of Indif India ?;I- a ?;I- and and AnrAnr..GG
RESEARCH !UESTIONS RESEARCH !UESTIONS
$.
$. )ha)hat is tt is the mhe meaneaning oing of the f the worword 'ced 'censonsor(*r(* %.
%. )ha)hat cot constnstitutitutes oes offeffensinsive mve materaterialial** F.
F. )hy )hy is tis there here a nea need oed of cef censonsorshirship*p* 6.
6. )ha)hat is tht is the meane meaning oing of decf decency ency or mor moraloralityity** 5.
5. )ha)hat is tht is the need e need of thof the C!1e C!1C* )C* )hat ahat are its pre its poweowers*rs* G.
G. )hat i)hat is the s the objecobject and t and purppurpose of ose of the Cthe Cinematinematograpograph act*h act* .
. )heth)hether or not er or not it makes seit makes sense to cense to censor thnsor the scenes we scenes which peohich people havple have already e already seen inseen in the promo.
the promo. J.
J. <ow far t<ow far the restriche restrictions by tions by C!1C C!1C can go* can go* AnAnd how are td how are they be imhey be imposedposed**
4 4 A4?@<@$&5@%&$G A4?@<@$&5@%&$G 5 5 $G -6CC $ $G -6CC $ 6 6 AI> $$ C 6J$ AI> $$ C 6J$
HYPOTHESIS HYPOTHESIS
$.
$. A bA balance shoalance should be mainuld be maintained whtained while censoriile censoring the mong the movies so as to nobovies so as to nobody(dy(s right of s right of 1r
1reeeedodom m of of ppeeceech h anand d xxprpressessioion n as as mementntioionened d in in AArtirticle cle $$$$- - a- a- of of ththee Constitution of India should be infr
Constitution of India should be infringed.inged. %.
%. Also, tAlso, the subjehe subject of the mct of the movie anovie and the cread the creativity otivity or the art of by r the art of by which which movie imovie is showns shown should also be taken into consideration while granting them the certificate.
should also be taken into consideration while granting them the certificate.
SCHEME OF CHAPTERI"ATION SCHEME OF CHAPTERI"ATION
+he complete research paper is divided into five chapters. +he first chapter is an introduction +he complete research paper is divided into five chapters. +he first chapter is an introduction to the research project. +he second chapter to fourth chapter focuses on the analysis of to the research project. +he second chapter to fourth chapter focuses on the analysis of various judgments given by !ombay <igh Court and the upreme Court
various judgments given by !ombay <igh Court and the upreme Court of India with respectof India with respect to censorship of movies in India and the last chapter is the closing of the paper or summing to censorship of movies in India and the last chapter is the closing of the paper or summing up the paper and finding out a final conclusion from the paper.
up the paper and finding out a final conclusion from the paper.
S!$mitted $y%& S!$mitted $y%&
>iya Daga >iya Daga
>oll 4o. A&%5 >oll 4o. A&%5
!.!.A., 00.!. !.!.A., 00.!.
