The Supreme Court of India is set to deliberate on the pre-censorship of films this coming January, addressing a longstanding debate sparked by a petition from veteran actor-director Amol Palekar. This legal challenge questions the applicability of the Cinematograph Act to documentaries and the broader implications of film censorship in today’s digital age.
The plea, which has been pending since April 2017, argues that documentaries should not be subjected to the same regulatory framework as commercial films under the Cinematograph Act. During Tuesday’s hearing, Justices B R Gavai and K V Viswanathan raised procedural questions about the direct filing of such petitions to the Supreme Court, highlighting the importance of the issue at a judicial level.
Representing Palekar, the counsel emphasized that despite the Cinematograph (Amendment) Act, 2023, enacted last August, the government has yet to address the specific concerns raised in the petition about pre-censorship. The lawyer requested a hearing date in January, pledging to submit a brief written synopsis to aid the court’s review.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, suggested that insights from a high court ruling could benefit the Supreme Court’s decision-making process. She also mentioned the evolving regulatory landscape for Over-The-Top (OTT) platforms, which sparked a brief discussion on the applicability of such rules to documentaries, marking them as a “developing field.”
The case is poised to potentially reshape the regulatory framework governing film censorship in India, particularly in light of the rapid proliferation of digital content platforms. The Central Board of Film Certification (CBFC), established under the Cinematograph Act of 1952, currently oversees film censorship with the mandate to ensure that film content adheres to established societal norms.
