By Dr Kalyan C. Kankanala
The recent controversies surrounding films like Udta Punjab, Jolly LLB, Lipstick under my Burkah and Ka Bodyscapes in relation to the decisions taken by the Central Board of Film Certification (CBFC) have raised questions about the need for censorship in a country like India. Judicial review of some of the CBFC’s decisions, and opposing verdicts given by the courts of India, highlights the factor of subjectivity when it comes to certification, and one cannot help but wonder if the circumstances during which the Cinematograph Act, the legislation that brought censorship of films into effect, continue to prevail in today’s social context.
Is the 1970 Cinematograph Act relevant today?
When the constitutional validity of the Cinematograph Act was challenged in 1970, the Supreme Court in the K. A. Abbas case justified upholding this law by stating that film expression stirs deep feelings in the spectators unlike any other art form because of its visual and sentimental appeal. The Supreme Court, in this case, gave great credence to the influencing effect of moving images and lifelike sounds on the average human mind.
Does the Court’s 1970 justification, reiterated by many subsequent judgments, hold good even in today’s times? Films are generally judged by examining them from an average spectator’s perspective and the nature of the spectator, therefore, assumes very high importance for assessing the need for censorship. Unlike the innocent, gullible spectator of the last century, today’s spectator is intelligent, well informed and circumspect, which is why the need for censorship may no longer be valid.
The intelligent spectator of today
When the technology to merge motion pictures with sounds came into being, it was a path breaking invention, and as expected, transformed the entertainment industry in many ways. Theatre lost its appeal, performances lost their credibility, and traditional art forms lost their edge. This technology gave birth to a delightful, captivating, accessible form of entertainment that appealed to the masses. An ordinary film spectator of those days was extremely trusting, making him the perfect target for motion pictures that influenced his way of thinking.
However, it is important to note that this spectator doesn’t exist anymore. Unlike the spectator of the past, the modern viewer has access to several mediums of entertainments on a variety of devices ranging from mobile phones to computers at his behest, and films are just one of his many options. While earlier films possessed the power to deeply impact the minds of the viewers, today, they have lost that ability. Films can barely capture the attention of viewers, let alone influence their thought process.
The time for change
At best, a film lingers in the contemporary spectator’s mind for a few hours after the viewing, and pre-censorship of such an expression is no longer justifiable. Censorship of films targeted at today’s intelligent, informed audience is futile and accomplishes nothing. As suggested by the Benegal Committee constituted in 2016, it is time for the CBFC to function purely as a certification body and put an end to its duty of censoring films.
As put by Walter Lippman, “When men act on the principle of intelligence, they go out to find the facts…. When they ignore it, they go inside themselves and find out what is there. They elaborate their prejudice instead of increasing their knowledge.”
Free expression of films is integral to any democracy, and examining the need for censorship using the perspective of the spectator of the past, would mean falling prey to irrationality and prejudice, which will not lead to an intelligent reviewing of facts. When understood through the eyes and mind of the intelligent, informed spectator, one will come to the conclusion that pre-censorship has very little or no value in the contemporary social context.
Dr Kalyan C. Kankanala is a well known IP Attorney, professor, and writer. He works with BananaIP (BIP) Counsels, a leading IP Firm, and offers courses at IIMB and NLSIU, Bangalore. Dr Kalyan is also a renowned novelist and storyteller.
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