Can Censor Board or govt ban a film? What's the criteria?

Many political parties are up in arms against the upcoming movie 'The Kerala Story' as they demand the government to ban the movie.

The politicians, including Kerala Chief Minister Pinarayi Vijayan, have said that the movie appears to be "deliberately" produced with the alleged aim of creating "communal polarisation and spreading hate propaganda against the state."

Vijayan has even gone to the extent of calling it a "propaganda film" that raises the issue of "love jihad" and said that the alienation of Muslims depicted in them should be viewed in the context of "Sangh Parivar's efforts to gain political advantage" in Kerala.

"In the trailer of the movie, we see a hoax that 32,000 women in Kerala were converted and became members of the Islamic State. This bogus story is a product of the Sangh Parivar's lie factory," the CM said in a statement.

Congress, CPM youth wing DYFI and Youth League of Indian Union Muslim League (IUML) have demanded a ban on 'The Kerala Story' as the movie is prepping up for a big release on May 5.

The 'Ban Culture' in India

Ban on movies in India is not uncommon. Every party when in power has banned movies they are uncomfortable with, citing one or the other reason. Congress government in 1975 had denied permission to full release of 'Aandhi' (gale) as it was partially based on Indira Gandhi's life.

Two years later, 'Kissa Kursi ka' (tale of a throne) was banned as it was a satire on her son Sanjay's dream of a "small car" (Maruti).

Shekhar Kapur's 'The Bandit Queen', based on the life of Phoolan Devi, was banned for some controversial scenes, in 1994. Both Islamist and Hindutva groups have targeted many movies if they found the content to be anti-Islam or anti-Hindu.

There are also instances of politicians trying to settle score with actors for their acts and comments that are against the governments or political parties. Notably, then Tamil Nadu Chief Minister J. Jayalalithaa had infamously banned Kamal Haasan's 'Vishwaroopam'. The reason offered was that the release of the movie would "create law and order problems" in the State.

Two years later, another Tamil actor Vijay's 'Thalivaa' was unofficially banned. It means the government did not explain the reason why exhibitors were not screening while theatres owners claimed that there were threats to their properties if his films are released.

In both instances, the lead actors had rubbed 'Amma' (Jayalalithaa) the wrong way, due to which she was trying to clip their wings.

In 2011, Supreme Court had ruled that State governments cannot ban a film, cleared by the Central Board of Film Certification (CBFC), better known as Censor Board, for public screening, on the apprehension that it could cause a law and order problem. "It is for the State to maintain law and order effectively and meaningfully," the court had said.

In 2018 again, the apex court said that once CBFC grants certification to a movie, there cannot be any kind of obstruction for its exhibition. "Once the film is granted certificate by the competent statutory board, unless the said certificate is nullified or modified by any superior authority, the producer or distributor of the film has every right to get it exhibited in a movie hall," it explained.

Can the CBFC ban a film?

Interestingly, the Centre has said in 2022 that CBFC cannot ban a movie. However, it can refuse to certify it. The CBFC examines a film under the Cinematograph Act, 1952, the Cinematograph (Certification) Rules, 1983, and the guidelines issued thereunder. It may certify a movie for public exhibition under 'U', 'U/A', 'A' and 'S' categories, Union Information and Broadcasting Minister Anurag Thakur said in Rajya Sabha while responding to a query.

"The power to ban a film does not lie with the CBFC. However, CBFC can refuse certification to a film for public exhibition for violation of Guidelines issued under Section 5B of the Cinematograph Act, 1952," he said. The exhibition of films is a State subject and the State governments are empowered with licensing and other related matters about the exhibition of films in the State, he added.

Criteria to ban movies

According to Article 19 (1) (a) of the Constitution, restrictions on screening movies can be imposed if a movie threatens the sovereignty and integrity of the country, security, friendly relations with foreign countries, hate speech, contempt of court and public order.

With inputs from agencies