Context:
The Kerala High Court recently heard a petition filed by the producer and director of the Malayalam film Haal, challenging the Central Board of Film Certification (CBFC) decision to grant an “A” (Adults Only) certificate with mandatory cuts.
Background:
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- The controversy for the film Haal, a story about an interfaith relationship, began when the CBFC's regional office initially indicated the film would be cleared, but it was later referred to a Revising Committee (RC) in Mumbai, which demanded 15 cuts and an 'A' certificate. The filmmakers argue these demands are arbitrary, unreasonable, and violate their fundamental right to freedom of expression.
- The petitioners argue that the CBFC’s orders—such as blurring the name of a Christian college and altering scenes touching on religious identity—strip meaning from the film’s socio-cultural narrative.
- The controversy for the film Haal, a story about an interfaith relationship, began when the CBFC's regional office initially indicated the film would be cleared, but it was later referred to a Revising Committee (RC) in Mumbai, which demanded 15 cuts and an 'A' certificate. The filmmakers argue these demands are arbitrary, unreasonable, and violate their fundamental right to freedom of expression.
Film Certification in India:
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- Film certification in India is governed by the Cinematograph Act, 1952 and administered by the Central Board of Film Certification (CBFC), a statutory body under the Ministry of Information and Broadcasting.
All films must be certified by the CBFC before public exhibition. Its goal is to ensure films align with societal values, uphold decency and morality, and provide healthy entertainment without unjustly restricting artistic expression. - The CBFC comprises a Chairman and 12–25 non-official members appointed by the Central Government. It operates from its headquarters in Mumbai with nine regional offices across India.
- Film certification in India is governed by the Cinematograph Act, 1952 and administered by the Central Board of Film Certification (CBFC), a statutory body under the Ministry of Information and Broadcasting.
About Film Certification Process:
The certification process is now fully digital through the e-Cinepramaan portal and follows these stages:
1. Online Application: Producers submit the film, required documents, and fees digitally.
2. Examination: A committee views the film and recommends the certificate type and any modifications or cuts.
3. Decision & Compliance: The Chairman reviews the report, issues directions (if any cuts are required), and after compliance, the final certificate is granted electronically by the regional office.
Types of Certificates:
· U (Universal): Suitable for all age groups.
· U/A (Parental Guidance): Suitable for all, but parental guidance recommended for children under 12; sub-classified as U/A 7+, U/A 13+, U/A 16+.
· A (Adults Only): Restricted to viewers aged 18 and above.
· S (Specialised): Restricted to specialised groups (e.g., doctors, scientists).
Conclusion:
The Haal case highlights tensions between artistic liberty and state oversight. CBFC decisions often invoke broad notions of public interest. India needs transparent, constitutionally aligned, and self-regulatory certification—where classification replaces censorship to truly safeguard creative freedom.
