Bombay High Court
Children'S Film Society Through Ceo vs Central Board Of Film Certification ... on 5 July, 2019
Author: G. S. Patel
Bench: S. C. Dharmadhikari, G. S. Patel
911-WP.6965.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6965 OF 2019
Children's Film Society, India } Petitioner
versus
Central Board of Film Certification }
and Anr. } Respondents
Mr.Yashodeep Deshmukh i/b. Mr.Vaidehi Deshmukh
for the petitioner.
Mr.M.S.Bharadwaj with Mr.P.J.Thorat for respondent
nos. 1 and 2.
CORAM :- S. C. DHARMADHIKARI &
G. S. PATEL, JJ.
DATED :- JULY 5, 2019 P.C. :-
1. The Children's Film Society of India is before us and it is challenging an order passed in Appeal No.11of 2019 dated 1st May, 2019, copy of which is at page 12 of the paper book. It rejects the appeal of the petitioner-society on the ground that it is beyond time and hence barred by limitation. The appeal was preferred against an order refusing to grant "U" Certification (Universal Exhibition) of the Hindi film "Chidiakhana". The petition was placed before us on the earlier occasion and we passed the following order:-
Page 1 of 5
J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:05 ::: 911-WP.6965.2019.doc "1. Leave to amend. Let the Union of India through the Ministry of Information and Broadcasting, New Delhi be added as Respondent No.2.
2. Mr.Khosla accepts notice and waives service for the Respondents.
3. At the root of this legal issue is whether the Petitioner would be able to release the children's film.
4. The request of the petitioner-society is that it makes films for children. It knows its responsibility and has never shirked or avoided it. That the film is made for children, had to be viewed by them and that they should not be provided with any material in the garb of entertainment which is not fit for being viewed by them is undisputed.
5. They have made a film, presented it for a certificate from the Board but have been told that in the event they want to exhibit their film so as to be viewed by public, they must insert two cuts. They must make the excision and modification mentioned at page 15.
6. Our query to the Advocate who accepts notice and waives service for the respondent is if the petitioner is ready and willing to make the modification, then, is the film fit for a "U" certificate (Universal Exhibition) or must it still get a certification styled as U/A. The latter one requires that a child below the age of 12 years may be allowed to see the film provided their parents or guardians accompany them.
7. Once the petitioners are making this modification as directed then why this insistence has not been clarified to us. Let that be clarified by the next date.
8. We place this matter on the Supplementary Board on 3rd July, 2019."
2. The order was as clear as it can be and passed in the presence of both sides. We had categorically asked the respondents as to whether they would issue the "U" certificate in the event the petitioner agrees to the cuts or excisions as Page 2 of 5 J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:05 ::: 911-WP.6965.2019.doc communicated. On the agreement of the petitioner to cut their film and delete the objectionable portions, the expectation was that the Censor Board will give appropriate response and issue the certificate as requested.
3. When the matter was placed today, Mr.Bharadwaj appearing for the Board produces an e-mail communication from the Ministry of Information and Broadcasting, Government of India as also the Central Board of Film Certification, para 5 of which reads as under:-
5. Reasons for granting U/A:
A) Theme, presentation and narrative of the Film mandate the parental guidance/supervision and do not permit Film to be granted U certificate.
B) There is violence inherent in the subject of the Film, there are scenes of murder and attempts to murder, goons and guns, abusive language, in the Film.
C) There are scenes of bullying of a younger kid by his seniors in the school. Also scene of an adult song video watching in a class, by students in their mobile.
D) There are scenes of mother slapping child, suicide attempt, teasing a child on his Father's name, winking at woman.
E) It's a non-animation Film with some frightening scenes of CG created animals.
F) There are some references of discrimination being faced by North Indians in Mumbai city.
4. Since this is a communication signed by the Regional Officer, but the Regional Officer addresses the communication to Page 3 of 5 J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:05 ::: 911-WP.6965.2019.doc the advocate appearing for both, the Board as also the Information and Broadcasting Ministry, we again asked Mr.Bharadwaj the reasons for granting the U/A certificate. Mr.Bharadwaj says that despite the petitioner's agreement to delete the scenes which were found to be objectionable and communicated earlier, now the Board feels that the theme, presentation and narrative of the film mandate issuance of U/A certificate and no "U" certificate. These reasons, therefore, call for a clarification from the respondents and which, we insist, ought to be on an affidavit. Let, therefore, the Regional Officer- Mr.Karmarkar Tushar Arun file his personal affidavit elaborating the cause for his communication and outlining policies of the respondents in relation to children films.
5. We, at today's hearing, invited the attention of Mr.Bharadwaj to a Division Bench judgment of this court in the case of Phantom Films Pvt. Ltd. and Anr. vs. The Central Board of Certification and Anr. (Writ Petition (L) No. 1529 of 2016) decided on 13th June, 2016. Mr.Bharadwaj says that after perusing the same as also the legal provisions, he would revert back to the court.
6. We place the matter on the "Urgent Admission Board" on 5th August, 2019. Let a detailed affidavit in reply be filed with a copy Page 4 of 5 J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:05 ::: 911-WP.6965.2019.doc served on the petitioner's advocate well in advance and in any event by 26th July, 2019.
7. We have clarified to both sides that this writ petition would be disposed of finally on the next date. Let a compilation containing the script of the film be placed on record by Mr.Deshmukh.
(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) Page 5 of 5 J.V.SALUNKE,PS ::: Uploaded on - 09/07/2019 ::: Downloaded on - 13/07/2019 05:33:05 :::