Indian Kanoon - Search engine for Indian Law

The Central Board of Film Certification has refused to grant certificate for exhibition of the film citing the following reasons:-

"Reasons for "Certificate Refused" to the film The theme is full of hate speech/inflammatory speeches given by all the leaders falls on different caste, communal talks, derogatory remarks and of release may cause communal disharmony, unrest and disturbance. Hence refused for certification under guidelines sections 2(xii), (xvii), (xiii), (xviii) and 3 (i)."

3. Aggrieved by the said decision, the FCAT, vide impugned order dated 04.04.2016, rejected the appeal of the petitioner, inter-alia, holding as under:-

"4. After having viewed the film and having heard the parties, we are of the opinion that the CBFC was justified in refusing to grant certificate for exhibition of the film for the reasons that the theme of the film was full of hate/inflammatory speeches given by all the leaders of the political parties and it tries to divide people on caste and communal lines and derogatory remarks have been made against individuals. The release of the film may cause not only communal disharmony but also disharmony amongst the members of different castes and communities. It clearly violates the guidelines 2(xii),

(xiii),(xvii), (xviii) and 3(i) of the guidelines issued for certification for films of public exhibition. The appeal is accordingly dismissed."

4. The main plank of refusal to grant certificate for exhibition of the film is that the theme of film is full of hate speech/inflammatory speeches given by the leaders of the political parties and has tried to divide people on caste and communal lines and derogatory remarks have been made against the individuals and further that the release of the film may cause communal disharmony and disharmony amongst the members of different caste and communities.

8. After having viewed the film, I am of the view that the broad general finding rendered by the Board as well as FCAT that the film is full of hate speech and inflammatory speeches is not sustainable. The film merely reproduces the speeches made by various leaders and Bobby Art International etc. Vs. Om Pal Singh Hoon & Others : AIR 1996 SC 1846 party candidates at the time of the general elections. It is not the case of the Board or the FCAT that what the petitioner has sought to project is an incorrect depiction or portrayal of what has transpired. It is not the case of the respondent that what the petitioner has projected is not extract of the speeches of the candidates. The petitioner has tried to project through the film the views and extracts of speeches of various candidates, party workers or party leaders of different parties. Viewing the film as a whole, one does not get an impression that the theme is full of hate speech or inflammatory speeches. One does not get an impression that the film tries to divide people on caste or communal lines. Though the some words used or some portion of the film may be in conflict with the guidelines framed by the Central Government in terms of Section 5(B) of the Cinematograph Act, 1962 (hereinafter referred to as the Act), however, neither the Board nor the FCAT has clearly spelt as to which part or dialog of the film would violate the guidelines.