Central Board of Film Certification explained

Purpose:Film certification
Headquarters:Mumbai, Maharashtra
Leader Title:Chairman
Leader Name:Prasoon Joshi
Leader Title2:Chief Executive Officer
Leader Name2:Smita Vats Sharma
Central Board of Film Certification
Region Served:India
Parent Organisation:Ministry of Information and Broadcasting
Formerly:Central Board of Film Censors (1952–1983)

The Central Board of Film Certification (CBFC) is a statutory film-certification body in the Ministry of Information and Broadcasting of the Government of India. It is tasked with "regulating the public exhibition of films under the provisions of the Cinematograph Act 1952."[1] The Cinematograph Act 1952 outlines a strict certification process for commercial films shown in public venues. Films screened in cinemas and on television may only be publicly exhibited in India after certification by the board and edited.

Certificates and guidelines

The board currently issues four certificates. Originally, there were two: U (unrestricted public exhibition with family-friendly movies) and A (restricted to adult audiences but any kind of nudity not allowed). Two more were added in June 1983 that are U/A (unrestricted public exhibition, with parental guidance for children under 12) and S (restricted to specialised audiences, such as doctors or scientists).[2] The board may refuse to certify a film.[3] Additionally, V/U, V/UA, V/A are used for video films with U, U/A and A carrying the same meaning as above.[4]

U certificate

Films with the U certification are fit for unrestricted public exhibition and are family-friendly. These films can contain universal themes like education, family, drama, romance, sci-fi, action etc. These films can also contain some mild violence, but it cannot be prolonged. It may also contain very mild sexual scenes (without any traces of nudity or sexual detail).

U/A certificate

Films with the U/A certification can contain moderate adult themes that are not strong in nature and are not considered appropriate to be watched by a child without parental guidance. These films may contain moderate to strong violence, moderate sexual scenes (traces of nudity and moderate sexual detail can be found), frightening scenes, blood flow, or muted abusive language. Sometimes such films are re-certified with V/U for video viewing. The age threshold was previously set at 12 years of age, but in 2023 this was further refined to 7, 13 and 16 years of age.[5]

A certificate

Films with the A certification are available for public exhibition, but with restriction to adults (aged 18+). These films can contain strong violence, explicit and strong sexual scenes, abusive language, but words which insult or degrade women or any social group (despite being very common in many films) and nudity[6] [7] [8] [9] [10] [11] [12] are not allowed. Some controversial and adult themes are considered unsuitable for young viewers. Such films are often re-certified with V/U and V/UA for TV, which does not happen in the case of U and U/A certified movies.

S certificate

Films with S certification cannot be viewed by the public. Only people associated with it (doctors, scientists, etc.), are permitted to view these films.[13]

History

The Indian Cinematograph Act came into effect in 1920, seven years after the production of India's first film: Dadasaheb Phalke's Raja Harishchandra. Censorship boards were originally independent bodies under the police chiefs of the cities of Madras (now Chennai), Bombay (now Mumbai), Calcutta (now Kolkata), Lahore (now in Pakistan), and Rangoon (now Yangon in Myanmar)it was amended again on 1 August 2023 with the introduction of cinematography amendment bill. The bill awaits presidential assent.

After the 1947 independence of India, autonomous regional censors were absorbed into the Bombay Board of Film Censors. The Cinematograph Act of 1952 reorganised the Bombay board into the Central Board of Film Censors.[14] With the 1983 revision of cinematography rules, the body was renamed the Central Board of Film Certification.[15]

In 2021 the Film Certification Appellate Tribunal (FCAT) was scrapped by the Indian government.[16] [17]

Principles

The board's guiding principles are to ensure healthy public entertainment and education and, using modern technology, to make the certification process and board activities transparent to filmmakers, the media and the public also every video have to undergo CBFC certification for telecasting or distributing over any platform in India and suggestible same standards for anywhere in the world.[18]

Refusal to certify

In addition to the certifications above, there is also the possibility of the board refusing to certify the film at all.

The board's guidelines are:

Enforcement

Since 2004, censorship has been rigorously enforced. An incident was reported in which exhibitor staff – a clerk who sold the ticket, the usher who allowed minors to sit, a theatre manager and the partners of the theatre complex – were arrested for non-compliance with certification rules.[20]

Composition and leadership

The board consists of a chairperson and 23 members, all of whom are appointed by the central government. Prasoon Joshi chairs the board; Joshi became its 28th chairperson on 11 August 2017, after Pahlaj Nihalani was fired.[21] Nihalani had succeeded Leela Samson after Samson quit[22] in protest of an appellate tribunal's overturning of a board decision to refuse certification for . Samson had succeeded Sharmila Tagore.[23]

The board, headquartered in Mumbai, has nine regional offices:

Chairs! No. !! Name !! From !!To
1C S Aggarwal15 January 195114 June 1954
2B D Mirchandani15 June 19549 June 1955
3M D Bhatt10 June 195521 November 1959
4D L Kothari22 November 195924 March 1960
5B D Mirchandani25 March 19601 November 1960
6D L Kothari2 November 196022 April 1965
7B P Bhatt23 April 196522 April 1968
8R P Nayak31 April 196815 November 1969
9M V Desai12 December 196919 October 1970
10Brig. R. Sreenivasan20 October 197015 November 1971
11Virendra Vyas11 February 197230 June 1976
12K L Khandpur1 July 197631 January 1981
13Hrishikesh Mukherjee1 February 198110 August 1982
14Aparna Mohile11 August 198214 March 1983
15Sharad Upasani15 March 19839 May 1983
16Surresh Mathur10 May 19837 July 1983
17Vikram Singh8 July 198319 February 1989
18Moreshwar Vanmali20 February 198925 April 1990
19B P Singhal25 April 19901 April 1991
20Shakti Samanta1 April 199125 June 1998
21Asha Parekh25 June 199825 September 2001
22Vijay Anand[24] 26 September 200119 July 2002
23Arvind Trivedi20 July 200216 October 2003
24Anupam Kher[25] 16 October 200313 October 2004
25Sharmila Tagore[26] 13 October 200431 March 2011
26Leela Samson1 April 201116 January 2015
27Pahlaj Nihalani19 January 201511 August 2017
2812 August 2017Present

Controversies

The board has been associated with a number of scandals. Film producers reportedly bribe the CBFC to obtain a U/A certificate, which entitles them to a 30-percent reduction in entertainment tax.[27]

In 2002, War and Peace (a documentary film by Anand Patwardhan which depicted nuclear weapons testing and the September 11 attacks) had to be edited 21 times before the film was approved for release. According to Patwardhan, "The cuts that [the Board] asked for are so ridiculous that they won't hold up in court. But if these cuts do make it, it will be the end of freedom of expression in the Indian media."[28] A court ruled that the cut requirement was unconstitutional, and the film was shown uncensored.[29]

Also in 2002, Indian filmmaker and CBFC chair Vijay Anand proposed legalising the exhibition of X-rated films in selected cinemas. Anand said, "Porn is shown everywhere in India clandestinely ... and the best way to fight this onslaught of blue movies is to show them openly in theatres with legally authorised licences".[30] Anand resigned less than a year after becoming chairperson in the wake of his proposal.[31]

The board refused to certify Gulabi Aaina (a film about Indian transsexuals produced and directed by Sridhar Rangayan) in 2003; Rangayan unsuccessfully appealed the decision twice. Although the film is banned in India, it has been screened internationally.[32] [33]

Final Solution, a 2004 documentary examining religious riots between Hindus and Muslims in Gujarat which killed over 1,000 people, was also banned. According to the board, the film was "highly provocative and may trigger off unrest and communal violence".[34] [35] After a sustained campaign, the ban was lifted in October of that year.[36]

The CBFC demanded five cuts from the 2011 American film, The Girl with the Dragon Tattoo, because of nudity and rape scenes. The producers and the director, David Fincher, eventually decided not to release the film in India.[37]

CEO Rakesh Kumar was arrested in August 2014 for accepting bribes to expedite the issuance of certificates.[38] The board demanded four cuts (three visual and one audio) from the 2015 Malayalam film, Chaayam Poosiya Veedu) (directed by brothers Santosh Babusenan and Satish Babusenan), because of nude scenes. The directors refused to make the changes, and the film was not certified.[39] [40]

CBFC chair Leela Samson resigned in protest of political interference in the board's work in 2015 after its decision to refuse certification of the film, , was overturned by an appellate tribunal. Samson was replaced by Pahlaj Nihalani, whose Bharatiya Janata Party affiliation triggered a wave of additional board resignations.[41] The board was criticised for ordering the screen time of two kissing scenes in the James Bond film Spectre to be cut by half for release.[42]

Udta Punjab (2016), a crime drama about drug issues in the state of Punjab, produced by Anurag Kashyap, Ekta Kapoor, et al., inspired a list of 94 cuts and 13 pointers (including an order to remove Punjabi city names). The Bombay High Court allowed the film's release with one cut and disclaimers.[43]   A copy of the film was leaked online, with evidence suggesting CBFC involvement.[44] Kashyap posted on Facebook that although he did not object to free downloads, he hoped that viewers would pay for the film.[45] The film eventually grossed over,[46] a commercial success. In August 2017, days after his removal as CBFC chair, Nihalani said in an interview that he had received instructions from the Ministry of Information and Broadcasting to block the release of this film and at least one other.[47]

Lipstick Under My Burkha (2017) by Alankrita Shrivastava, produced by Prakash Jha, was initially denied certification, with the CBFC claiming that "The story is lady oriented, their fantasy above life. There are contanious [sic] sexual scenes, abusive words, audio pornography and a bit sensitive touch about one particular section of society".[48] The black comedy, which had been screened at international film festivals, was eligible for the Golden Globes.[49] The filmmakers appealed to the board's Film Certification Appellate Tribunal (FCAT), which authorised its release.[50] The FCAT requested some cuts (primarily to sex scenes), and the film was released with an "A" certificate. Shrivastava said she would have preferred no cuts, but felt the film's narrative and essence were left intact, and commended the FCAT's handling of the issue.[51]

In 2018, Ashvin Kumar's film No Fathers in Kashmir at first received an "A" certificate. In his open letter to the CBFC chair, Kumar stated that for an independent film, this was "as good as banning the film".[52] After appealing to the FCAT and incorporating a few cuts and disclaimers at its request, the film was granted a "U/A" certificate eight months after its initial submission.[53]

Notes and References

  1. Web site: Welcome to CBFC. cbfcindia.gov.in. 17 February 2020. 17 January 2019. https://web.archive.org/web/20190117035117/https://www.cbfcindia.gov.in/main/. dead.
  2. Web site: UA, S, X, R demystified: How films are rated . Jhinuk Sen . 15 June 2011 . . . live . https://web.archive.org/web/20190616081848/https://www.news18.com/news/india/ua-s-x-r-demystified-how-films-are-rated-376237.html . 16 June 2019.
  3. Web site: Censor board denied certification to 77 films in 2015–16. Jha. Lata. Ahluwalia. Harveen. 17 March 2017. Livemint. 14 May 2020.
  4. Web site: Certification . cbfcindia.gov.in . 6 June 2022 . 29 May 2022 . https://web.archive.org/web/20220529000643/https://www.cbfcindia.gov.in/main/certification.html . dead .
  5. Web site: Cinematograph (Amendment) Act 2023 . . India . https://web.archive.org/web/20240815062151/https://prsindia.org/files/bills_acts/acts_parliament/2023/Cinematograph_(Amendment)_Act,_2023.pdf . 15 August 2024 . live.
  6. Web site: CBFC at it again: Malayalam film asked to cut out nudity and mute Kazhuveriyude Mone. thenewsminute. 20 June 2016 .
  7. Web site: Nudity, the final frontier for films in India. livemint. 28 January 2014 .
  8. Web site: Fifty Shades of Grey banned in India despite removal of nudity. theguadian.com.
  9. Web site: censor board bans Unfreedom says film will ignite unnatural passions. The News Minute. 31 March 2015.
  10. Web site: CBFC bans computer-generated nudity. Dna India.
  11. Web site: CBFC reported bans film title x zone due to graphic love making scenes, nudity. Firstspot. 10 September 2017.
  12. Web site: Sanskari CBFC Bans Nudity on Robots & Blurs Alcohol Bottles From Blade Runner 2049 But Allows Swear Words. India.com. 3 October 2017 .
  13. Web site: About Us . dead . https://web.archive.org/web/20181213125751/https://www.cbfcindia.gov.in/main/about-us.html . 13 December 2018 . 14 March 2020 . Indian Board of Film Certification.
  14. Web site: The Cinematograph Act, 1952 and Rules Ministry of Information and Broadcasting Government of India. 19 January 2021. www.mib.gov.in.
  15. Web site: Background . CBFC Website . Central Board of Film Certification . 9 January 2012 . https://web.archive.org/web/20100826234425/http://cbfcindia.gov.in/html/uniquepage.aspx?unique_page_id=6 . 26 August 2010 . dead .
  16. Web site: Ramachandran. Naman. 7 April 2021. Indian Government Quietly Scraps Censorship Appeals Body. 8 April 2021. Variety. en-US.
  17. Web site: With Abolition of Film Certificate Tribunal, Bad Days for Filmmakers Will Become Worse. 8 April 2021. The Wire.
  18. Web site: Vision & Mission . Central Board of Film Certification . 14 March 2020 . https://web.archive.org/web/20190808182058/https://www.cbfcindia.gov.in/main/vision-and-mission.html . 8 August 2019 . live.
  19. Web site: Guidelines . Indian Board of Film Certification . live . https://web.archive.org/web/20190809045338/https://www.cbfcindia.gov.in/main/guidelines.html . 9 August 2019 . 14 March 2020.
  20. Web site: Minors caught watching "7-GRainbow Colony". https://web.archive.org/web/20170903115545/http://www.sify.com/movies/minors-caught-watching-7-grainbow-colony-news-tamil-kkfvDLihebfsi.html. dead. 3 September 2017. Sify.
  21. News: Pahlaj Nihalani sacked as CBFC chief, to be succeeded by Prasoon Joshi. 11 August 2017. The Times of India. 11 October 2017.
  22. News: Censor board chief Leela Samson quits over Dera Sacha Sauda leader's Bollywood dreams. Ashreena, Tanya. 16 January 2015 . 22 January 2015.
  23. News: Danseuse Leela Samson is new Censor Board chief . Dhwan, Himanshi. https://web.archive.org/web/20120616074139/http://articles.timesofindia.indiatimes.com/2011-03-29/india/29357349_1_chairperson-bharatanatyam-i-b-ministry . dead . 16 June 2012 . 29 March 2011 . . 9 January 2012.
  24. News: Vijay Anand Quits Censor Board. 22 July 2002. IndiaTimes Movies staff. The Times of India. 9 January 2012.
  25. Web site: Anupam Kher is new chief of censors. 8 October 2003. Rediff Movies. rediff. com. rediff. com Entertainment Bureau Staff reporter. 9 January 2012.
  26. Web site: Sharmila Tagore replaces Kher. https://web.archive.org/web/20121023221654/http://www.indiaglitz.com/channels/hindi/article/10963.html. dead. 23 October 2012. 16 October 2004. Indo-Asian News Service. IndiaGlitz. 9 January 2012.
  27. News: Tamil Nadu film producers grease palms to get 'UA' certificates. 20 August 2014. The Times of India.
  28. News: India cuts 'anti-war' film. BBC News. 19 August 2002. 21 July 2017.
  29. News: Censorship and Indian Cinema: The Case of Anand Patwardhan's War and Peace – Bright Lights Film Journal. 1 November 2002. Bright Lights Film Journal. 21 July 2017. en-US.
  30. News: India's film censor wants to legalise porn . BBC News . 27 June 2002 . 21 July 2017.
  31. News: India's chief film censor quits. BBC News. 22 July 2002. 21 July 2017.
  32. News: UK premiere for Indian drag film. BBC News. 6 May 2004. 21 July 2017.
  33. Web site: Making the Cuts—On Film Censorship in India]. Shradha . Sukumaran. Yamagata International Documentary Film Festival (YIDFF). 21 July 2017.
  34. News: India bans religious riot movie. BBC News. 6 August 2004. 21 July 2017.
  35. Web site: Censor Board Bans 'Final Solution'. 6 August 2004. 20 March 2024. https://web.archive.org/web/20040914032835/http://www.countercurrents.org/arts-sharma060804.htm. 14 September 2004.
  36. Web site: RAKESH SHARMA – Final Solution. rakeshfilm.com. 21 July 2017.
  37. News: The Girl with the Dragon Tattoo cancelled in India. Child. Ben. 30 January 2012. The Guardian. 21 July 2017. en-GB. 0261-3077.
  38. News: Censor board CEO held for accepting bribes to clear films quickly. 19 August 2014. The Times of India.
  39. News: Directors out against CBFC directives. The Hindu. 21 July 2017. en.
  40. Web site: The Times Group. https://web.archive.org/web/20151006162408/http://epaperbeta.timesofindia.com/Article.aspx?eid=31811&articlexml=Film-denied-certificate-for-depicting-nudity-25082015004061. dead. 6 October 2015. The Times of India. en. 21 July 2017.
  41. News: India's censorship board in disarray amid claims of political interference. 21 January 2015. The Guardian.
  42. Web site: Bond and gagged: Spectre's kissing scenes censored by Indian film certification board. Ben. Child. 19 November 2015. The Guardian.
  43. News: Udta Punjab not made to malign state: Bombay HC. 10 June 2016. The Indian Express. 21 July 2017. en-US.
  44. News: 'Udta Punjab' leak: CBFC claims innocence as all fingers point at them Latest News & Updates at Daily News & Analysis. 16 June 2016. dna. 21 July 2017. en-US.
  45. News: Udta Punjab leaked: Kashyap asks downloads to wait till Saturday. 16 June 2016. The Indian Express. 21 July 2017. en-US.
  46. Web site: Udta Punjab Box Office . Bollywood Hungama . 17 June 2016 . 20 March 2024.
  47. News: 'Sacked As I Didn't Clear Indu Sarkar Without Cuts': Pahlaj Nihalani . 20 August 2017 . . 19 August 2017.
  48. News: CBFC refuses to certify Prakash Jha's film Lipstick Under My Burkha – Mumbai Mirror -. Mumbai Mirror. 21 July 2017.
  49. News: The Cultural Cow That Refuses To Certify A Golden Globe Eligible Film. WMF. 21 July 2017. en-US. https://web.archive.org/web/20170624033655/http://www.wmfindia.com/blogs/golden-globe-lipstick-under-my-burkha-alankrita/. 24 June 2017. dead.
  50. Web site: "The middle finger is NOT for the CBFC but for the patriarchal society" : Ekta Kapoor. zoomtv.com. 21 July 2017.
  51. News: Indian film board clears Lipstick Under My Burkha for release. correspondent. Michael Safi South Asia. 26 April 2017. The Guardian. 21 July 2017. en-GB. 0261-3077.
  52. News: Fighting for a Voice. 2018-11-15. The Indian Express. 2018-11-20. en-US.
  53. Web site: Soni Razdan's No Fathers in Kashmir gets U/A certification after 8 months, 6 screenings . 11 March 2019 . Hindustan Times . https://web.archive.org/web/20240320133758/https://www.hindustantimes.com/bollywood/soni-razdan-s-no-fathers-in-kashmir-gets-u-a-certification-after-8-months-6-screenings/story-HSLnlsBl1rVxLItXN1TtqM.html . 20 March 2024.