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Movie doubtless enjoys the guaranty under Article 19(1)(a) but there is one significant difference between the movie and other modes of communication. Ratio |
The movie cannot function in a free market place like the newspaper, magazine or advertisement. Ratio |
Movie motivates thought and action and assures a high degree of attention and retention. Ratio |
It makes its impact simultaneously arousing the visual and aural senses. Ratio |
The focusing of an intense light on a screen with the dramatizing of facts and opinion makes the ideas more effective. Ratio |
The combination of act and speech, sight and sound in semi darkness of the theatre with elimination of all distracting ideas will have an impact in the minds of spectators. Ratio |
In some cases, it will have a complete and im 213 mediate influence on, and appeal for every one who sees it. Ratio |
In view of the scientific improvements in photography and production the present movie is a powerful means of communi cation. Ratio |
It is said: "as an instrument of education it has unusual power to impart information, to influence specific attitudes towards objects of social value, to affect emo tions either in gross or in microscopic proportions, to affect health in a minor degree through sleep disturbance, and to affect profoundly the patterns o... |
The authors of this Book have demonstrated (at 391 to 401) by scientific tests the potential of the motion pic tures in formation of opinion by spectators and also on their attitudes. Ratio |
These tests have also shown that the effect of motion pictures is cumulative. Ratio |
It is proved that even though one movie relating to a social issue may not signifi cantly affect the attitude of an individual or group, con tinual exposure to films of a similar character will produce a change. Ratio |
It can, therefore, be said that the movie has unique capacity to disturb and arouse feelings. Ratio |
It has as much potential for evil as it has for good. Ratio |
It has an equal potential to instil or cultivate violent or good behaviour. Ratio |
With these qualities and since it caters for mass audience who are generally not selective about what they watch, the movie cannot be equated with other modes of communication. Ratio |
It cannot be allowed to function in a free market place just as does the newspapers or magazines. Ratio |
Censorship by prior restraint is, therefore, not only desirable but also neces sary. Ratio |
Here again we find the difference between the First Amendment to the U.S. Constitution and Article 19(1)(a) of our Constitution. Ratio |
The First Amendment does not permit any prior restraint, since the guaranty of free speech is in unqualified terms. Ratio |
This essential difference was recognised by Douglas, J., with whom Black, J., concurred in Kingsley Corporation vs Regents of the University of New York, at 1522. Ratio |
In holding that censorship by "prior restraint" on movies was unconstitutional, the learned Judge said: "If we had a provision in our Consti tution for "reasonable" regulation of the press such India has included in hers, there would be room for argument that censorship in the interests of morality would be permissi bl... |
But its language, in terms that are absolute is utterly at war with censorship. Ratio |
214 Different questions may arise as to censorship of some news when the nation is actually at war. Ratio |
But any possible exceptions are extremely limited. Ratio |
" The ("The Act") which permits censorship on movies is a comprehensive enactment. Ratio |
Section 3 of the Act provides for constitution of Board of Film Cen sors. STA |
Section 4 speaks of examination of films. STA |
A film is examined in the first instance by an Examining Committee. STA |
If it is not approved, it is further reviewed by a Revising Committee under Section 5. STA |
Section 5A states that if after examining a film or having it examined in the prescribed manner, the Board considers that the film is suitable for unrestricted public exhibition, such a certificate is given which is called 'U ' certificate. STA |
Section 5(a) provides principles for guidance in certi fying films. STA |
It is significant to note that Article 19(2) has been practically read into Section 5(B)(1). STA |
Section 5(C) confers right of appeal to Tribunal against refusal of certificate. STA |
Under Section 6, the Central Government has revisional power to call for the record of any proceeding in relation to any film at any stage, where it is not made the subject matter of appeal to the Appellate Tribunal. STA |
Under Section 8 of the Act, the Rules called the Cine matograph (Certification) Rules 1983 have been framed. STA |
Under Section 5(B)(2) the Central Government has prescribed cer tain guidelines for the Censors Board. STA |
Guideline (1) relates to the objectives of film censorship. STA |
The Board shall ensure that: (a) the medium of film remains responsible and sensi tive to the values and standards of society; (b) artistic expression and creative freedom are not unduly curbed and (c) censorship is responsive to social change Ratio |
Guideline (2) requires the Board to ensure that: (i) anti social activities such as violence not glorified or justified; (ii) the modus operandi of criminal or other visuals or words likely to incite the commission of any offence are not depicted; (iii) pointless or avoidable scenes of violence, cruelty and horror are ... |
Guideline (3) also requires the Board to ensure that the film: (i) 215 is judged in its entirety from the point of view of its overall impact and; (ii) is examined in the light of contem porary standards of the country and the people to whom the film relates. STA |
It will be thus seen that censorship is permitted mainly on social interest specified under Article 19(2) of the Constitution with emphasis on maintenance of values and standards of society. STA |
Therefore, the censorship by prior restraint must necessarily be reasonable that could be saved by the well accepted principles of judicial review. Ratio |
In K.A. Abbas vs Union of India, ; a Constitution Bench of this court considered important ques tions relating to pre censorship of cinematograph films in relation to the fundamental right of freedom of speech and expression. PRE |
K.A. Abbas, a noted Indian journalist and film producer produced a short documentary film called "A tale of Four Cities". PRE |
In that film he sought to contrast the self indulgent life of the rich in Metropolitan cities with the squalor and destitution of labouring masses who helped to construct the imposing buildings and complexes utilised by the rich. PRE |
The film also goes on to explore the theme of exploitation of women by men, dealing in particular prosti tution. Ratio |
Abbas applied to the Board of Film Censors for a 'U ' certificate, permitting unrestricted exhibition of the film. Ratio |
He was informed by the regional officer that the Examining Committee had provisionally concluded that the film should be restricted to adults. Ratio |
The Revising Committee concurred in this result, whereupon Abbas, after exchanging correspond ence with the Board, appealed to the Central Government. Ratio |
The Government decided to grant 'U ' certificate provided that the scenes in the red light district were deleted from the film. Ratio |
Abbas challenged the action of the Board mainly on four issues out of which two did not survive when the Solic itor General stated before the Court that the Government would set on foot legislation to effectuate the policies at the earliest possible date. Ratio |
The two issues which survived thereupon were: (a) that pre censorship itself cannot be tolerated under the freedom of speech and expression; (b) that even if it were a legitimate restraint on the freedom, it must be exercised on very definite principles which leave no room for arbitrary action Ratio |
The standards that we set out for our censors must make a 216 substantial allowance in favour of freedom thus leaving a vast area for creative art to interpret life and society with some of its foibles along with what is good. Ratio |
We must not look upon such human relationships as banned in toto and for ever from human thought and must give scope for talent to put them before society. Ratio |
The requirements of art and litera ture include within themselves a comprehen sive, view of social life and not only in its ideal form and the line is to be drawn where the average man moral man begins to feel embarassed or disgusted at a naked portrayal of life without the redeeming touch of art or genius of social va... |
If the depraved begins to see in these things more than what an average person would, in much the same way as it is wrongly said, a Frenchman sees a woman 's legs in everything, it cannot be helped. Ratio |
In our scheme of things ideas having redeeming social or artistic value must also have impor tance and protection for their growth." Recently, Sabyasachi Mukharji, J., in Ramesh vs Union of India, which is popularly called "TAMAS" case laid down the standard of judging the effect of the words or expression used in the ... |
The learned Judge quoting with approval of the observation of Vivian Bose, J., as he then was, in the Nagpur High Court in the case of Bhagwati Charun Shukla vs Provincial Govern ment, AIR 1947 Nag 1 (at 676): "That the effect of the words must be judged from the standards of reasonable, strong minded, firm and courage... |
This in our opinion is the correct approach in judging the effect of exhibition of a film or of reading a Book. Ratio |
It is the standard of ordinary reasona ble man or as they say in English law, "the man on the top of a Clampham omnibus. Ratio |
" We affirm and reiterate this principle. Ratio |
The standard to be applied by the Board or courts for judging the film should be that of an ordinary man of common sense and pru dence and not .that of an out of the ordinary or hypersensi tive man. Ratio |
We, however, wish to add a word more. Ratio |
The Censors Board should exercise considerable circumspection on movies affecting the morality or decency of our people and cultural heritage of the country. Ratio |
The moral values in particular, should not be allowed to be sacrificed in the guise of social change or cultural assimilation. Ratio |
Our country has had the distinction of giving birth to a galaxy of great sages and thinkers. Ratio |
The great thinkers and sages through their life and conduct provided principles for people to follow the path of fight conduct. Ratio |
There have been continuous efforts at rediscovery and reiteration of those principles. Ratio |
Adi guru Shankaracharya, Ramanujacharya, Madhwacharya, Chaitanya Maha Prabhu, Swami Ram Krishan Paramhansa, Guru Nanak Sant Kabir and Mahatma Gandhi, have all enlightened our path. Ratio |
If one prefers to go yet further back, he will find "TIRUKKURAL" the ethical code from Tiruv alluvar teaching which is "a general human morality and wisdom. Ratio |
" Besides, we have the concept of "Dharam" (right eousness in every respect) a unique contribution of Indian civilization to humanity of the world. Ratio |
These are the bedrock of our civilization and should not be allowed to be shaken by unethical standards. Ratio |
We do not, however, mean that the Censors should have an orthodox or conservative outlook. Ratio |
Far from it, they must be responsive to social change and they must go with the current climate. Ratio |
All we wish to state is that the Censors may display more sensitivity to movies which will have a markedly deleterious effect to lower the moral standards of those who see it. Ratio |
Krishna Iyer, J., in Rajkapoor vs Laxman, ; in words meaningful expressed similar thought. Ratio |
The learned Judge said (at 5 17): "The ultimate censorious power over the Censors belongs to the people and by indifference, laxity or abetment, pictures which pollute public morals are liberally certified, the legislation, meant by Parlia ment to protect people 's good morals, may be sabotaged by statutory enemies wit... |
The High Court has found fault with the Constitution of the First Revising Committee. Ratio |
It has held that the Revising Committee was constituted hurriedly and its constitution by "delegate Board Member" was illegal and without authority of law. Ratio |
The Committee also showed unusual favour to the producer by reviewing the film with hot haste. Ratio |
In the absence of a First Revising Committee having come into existence as known to law; the High Court said that the constitution of the Second Revising Committee was invalid and inoperative. Ratio |
We do not think that the High Court was justified in reaching this conclusion. Ratio |
Under the rules, the Regional Officer shall appoint an 218 Examining Committee to examine the film. Ratio |
The Rule 22 inter alia, states that after screening the film, the Examining Officer shall within three working days send the recommendations of all the members of the Examining Committee to the Chairman. Ratio |
Rule 24(1) provides for constitu tion of a Revising Committee. STA |
It states that on receipt of the record referred to in rule 22, the Chairman may, of his own motion or on the request of the applicant, refer the movie to a Revising Committee. Ratio |
In the instant case, the Chairman did not constitute the first Revising Committee but a member of the Board did. Ratio |
The question is whether the member of the Board was competent to constitute the Revising Committee. Ratio |
Our attention was drawn to the Government order dated January 21, 1987 made under sec. Ratio |
7(B) of the Cinemato graph Act. Ratio |
The order reads; "No. 803/1/86 F(C) Government of India Ministry of Human Resource Development Department of Culture. Ratio |
New Delhi, the 21st January, 1987 ORDER In exercise of the powers conferred by Sec. Ratio |
7B of the Cinamatograph Act, 1952 (37 of 1952) (hereinafter referred to as the said Act), the Central Government hereby directs that any power, authority or jurisdiction exercisable by the Board of film, Certifica tion (hereinafter referred to as the Board) in relation to matters specified in sec.4, sub secs (3) and (4... |
Shri Samik Banerjee Calcutta 2. Ratio |
Ms. Maithreyi Ramadhurai Madras 3. Ratio |
Dr. B.K. Chandrashekar Bangalore XXX XXXX XXX XXXX" This order clearly states that the power of the Board shall also be exercisable by the specified members within their regional office. Ratio |
For 219 Madras region Ms. Maithrayi Ramadhurai has been constituted to exercise such powers. Ratio |
It cannot be contended that the Central Government has no power to delegate the powers or to issue the said order. Ratio |
7(B) empowers the Central Government to issue general or special order directing that any power, authority or jurisdiction exercisable by the Board under the Act shall be exercisable also by the Chairman or any other member of the Board. STA |
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