Super Censorship: Analysing The Morality Laden Mantle Over The Indian Film Industry With Reference To The Draft Cinematograph (Amendment) Bill, 2021
Arushi Anthwal, Assistant Professor, School of Law, NorthCap University & Divya Singh Chauhan, Advocate, Delhi High Court
ABSTRACT
Artistic and creative liberties find a pivotal place in the modern day discourse on Freedom of Speech and Expression. Cinema creates a life of its own for it’s many consumers and is one of the key manifestations of the freedom guaranteed under Article 19(1)(a). The subject matter of films being unique to every individual creator, the constitutional morality lies in the encouragement of a culture of acceptance of various creative intuitions. However, the “pre-censorship” mechanism put in place for review of films before allowing public access by the CBFC has paved way for unwarranted interference in a filmmaker’s creative space along with unfortunate moral policing. The article aims to draw out the problems arising from the exercise of excessive powers by the CBFC and its impact on freedom of speech and expression with particular reference to the recommendations made by the Shyam Benegal Committee Report. In consonance with the same, the article analyses the controversy surrounding the draft Cinematograph (Amendment) Bill, 2021 which adds an extra layer of censorship by enabling the Central Government to ‘re-examine’ films already censored and cleared by the CBFC.
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