The regulation of cinematic content in India is a legacy of the colonial era, evolving from a tool of political suppression to a complex regulatory framework under the sovereign Indian state.
Colonial Origins and the Indian Cinematograph Act, 1918
Censorship was formally introduced by the British to prevent the spread of nationalist sentiments and to maintain “public decency” according to colonial standards.
- The 1918 Act: The Indian Cinematograph Act of 1918 established Censor Boards in cities like Bombay, Calcutta, Madras, and Rangoon.
- Political Suppression: The first film to face a significant ban was Bhakta Vidur (1921), as the protagonist’s resemblance to Mahatma Gandhi and his use of the Gandhi cap were deemed “subversive” by the British authorities.
- Social Morality: Colonial censorship also focused on preventing the depiction of “white women” in a poor light to maintain the perceived moral superiority of the ruling class.
Constitutional Framework and Freedom of Speech
Post-Independence, censorship found its legal standing within the Constitution of India, balancing artistic expression with state security.
- Article 19(1)(a): Guarantees the freedom of speech and expression to all citizens, which includes the right to create and view cinema.
- Article 19(2): Imposes “reasonable restrictions” on this freedom in the interests of:
- Sovereignty and integrity of India.
- Security of the State.
- Friendly relations with foreign States.
- Public order, decency, or morality.
- Contempt of court, defamation, or incitement to an offense.
- Judicial Landmark: In the K.A. Abbas vs. Union of India (1970) case, the Supreme Court upheld the constitutionality of censorship, stating that “cinema as a medium has a unique capacity to stir up emotions more deeply than any other art form.”
The Cinematograph Act, 1952 and CBFC
The 1952 Act is the primary legislation governing film certification in India today. It led to the creation of the Central Board of Film Certification (CBFC), a statutory body under the Ministry of Information and Broadcasting.
Certification Categories
The CBFC does not “censor” in a technical sense but “certifies” films into the following categories:
| Category | Meaning | Target Audience |
| U | Unrestricted Public Exhibition | Suitable for all age groups. |
| U/A | Unrestricted Public Exhibition with Caution | Parental guidance required for children under 12. |
| A | Adult | Restricted to audiences aged 18 and above. |
| S | Specialised | Restricted to specialized audiences (e.g., doctors or scientists). |
The 2023 Amendment Act
The Cinematograph (Amendment) Act, 2023, introduced significant changes to modernize the process:
- Age-Based Sub-categories: U/A was subdivided into U/A 7+, U/A 13+, and U/A 16+.
- Perpetual Validity: Certificates are now valid forever, replacing the previous 10-year validity rule.
- Anti-Piracy Provisions: Strict penalties and jail terms for unauthorized recording and exhibition.
- Recertification for Television: Films with ‘A’ or ‘S’ certificates must be recertified for television broadcast.
Significant Committees on Film Censorship
The government has periodically formed committees to reform the certification process and reduce state interference.
- G.D. Khosla Committee (1969): Recommended that the Censor Board should be an independent body and suggested more liberalized norms regarding the depiction of human intimacy.
- Mukul Mudgal Committee (2013): Formed after the Vishwaroopam controversy, it suggested a more transparent process and criticized the role of state governments in banning films after CBFC clearance.
- Shyam Benegal Committee (2016): Recommended that the CBFC should primarily function as a “certification body” rather than a “censor board.” It proposed that the power to demand cuts should be severely limited, focusing instead on clear age-based categorization.
Major Censorship Controversies and State Intervention
The history of Indian cinema is marked by several “prohibited” or heavily edited films that challenged the socio-political status quo.
- Garm Hava (1973): Initially held up for 11 months due to fears that it might incite communal violence by depicting the plight of a Muslim family during Partition.
- Aandhi (1975): Banned during the Emergency as the protagonist was perceived to be modeled after Prime Minister Indira Gandhi.
- Kissa Kursi Ka (1977): A political satire on the Emergency; the master prints were allegedly confiscated and burned.
- Pati Parmeshwar (1987): Became a legal battleground over the depiction of women; the Bombay High Court eventually allowed its release, emphasizing that “decency and morality” are subjective.
- Udta Punjab (2016): Highlighting the drug menace in Punjab, the film faced 89 proposed cuts by the CBFC, most of which were overturned by the High Court in a victory for artistic freedom.
Trivia and Fact Sheet for UPSC
- Statutory Body: The CBFC is headquartered in Mumbai and consists of a Chairman and up to 25 members appointed by the Central Government.
- FCAT Abolition: The Film Certification Appellate Tribunal (FCAT), which served as a statutory body to hear appeals against CBFC orders, was abolished in 2021. Grievances are now addressed directly by High Courts.
- First Film Banned in India: Bhakta Vidur (1921).
- Rule of “Dual Control”: While the CBFC provides a national certificate, state governments can still prohibit the screening of a film under their local “Cinema Regulation Acts” if they anticipate a threat to local law and order.
- International Context: Unlike many Western nations where “ratings” are voluntary or industry-led (like the MPAA in the US), the Indian certification process is mandatory and state-controlled.