Bombay HC bashes CBFC

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Bombay HC bashes CBFC

A petition was filled by Children’s Film Society India, an organisation under the Ministry of Information and Broadcasting that produces films and TV programmes for children in different languages. This case was filled due to the following facts; in early January this year Central Board Of Film Certification asked CFSI to make certain changes in the film including deleting of a particular scene and muting of a word from another scene the same was agreed by CFSI.

Later Central Board Of Film Certification said that the film depicted scenes of violence and caste discrimination against a community and hence a U certificate cannot be granted. This was ironical of the fact that the film in question ‘ Chidiakhana’ was specially made for children and in order to watch this film children below 12 years of age needed adult supervision, and hence the case was brought to the court, the petition seeked a grant of U certificate to the film named ‘Chidiakhana’.

Also Read: LEGAL MAXIM: Ratio Decidendi

The Bombay High Court bashed the CBFC with very harsh words saying ” CBFC is a certification board and not a censor board. You will not decide what one wants to watch and see.” Justice Patel claimed that films are a powerful medium to depict issues like caste discrimination, drug addiction etc. that are currently existing in the society, it cannot be pretended that something does not exist.

Court also referred to Udta Punjab controversy and said that CBFC has not learnt its lesson wherein it was stated that ” CBFC is forming an opinion that the whole population of this country is infantile and imbecile and they are the only one with the iota of intelligence to decide for everyone” and directed the CBFC’s regional officer to file an affidavit to elaborate its policy for certification of children’s films.

Also Read: APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE C.P.C FOR GRANT OF AN AD – INTERIM INJUNCTION

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