The Indian Cinematograph Act of 1952 is a law that governs the certification of cinematograph films for display and the regulation of cinematograph exhibits. The Censor Board of India, often known as the Central Board of Film Certification (CBFC), is an important authority in India that oversees film certification. This article will explain to you the concepts related to the Indian Cinematograph Act of 1952 which will be helpful in Indian Art and Culture preparation for the UPSC Civil service exam.

Indian Cinematograph Act of 1952 - Historical Background

• Raja Harishchandra, directed by Dadasaheb Phalke and released in 1913, was India's first feature film.
• In 1920, the Indian Cinematograph Act was passed, establishing Censor Boards in a few towns. The city's police chiefs were in charge of these (independent) boards.
• The autonomy of the regional boards was eliminated after independence, and they were subsumed under the Bombay Board of Film Censors.
• It was renamed the Central Board of Film Censors in 1952.
• The name of the organization was changed to Central Board of Film Certification in 1983.

Central Board of Film Certification

• The Censor Board, often known as the Central Board of Film Certification (CBFC), is an important authority in India that regulates film certification.
• It is a statutory body that reports to the Ministry of Information and Broadcasting.
• It is governed by the Cinematograph Act of 1952, which governs the public display of films.
• Only when the CBFC has certified a film, it may be shown to the general audience.

Indian Cinematograph Act of 1952 - Provisions

• The Cinematograph Act of 1952 is a law that governs the certification of cinematograph films for display and the regulation of cinematograph exhibits.
• According to the Act, a film will not be certified if any component of it:
  • Against India's sovereignty and integrity, as well as the security of the country and good relations with other countries.
  • Against the law, against decency
  • It involves defamation or contempt of court, and it's likely to inspire someone to commit a crime.
• A film's overall influence is assessed in light of the period shown in the film and current standards in the country, as well as the individuals to whom the film is related, and that the film does not deprive the audience of their morality.
• The CBFC must ensure that films are suitable for family watching when certifying them for unrestricted public screening.
• This means that the film must be suitable for all members of the family, including children, to see together.
• Even the title of the picture will be scrutinized by the regulations and norms.
• The Act calls for the appointment of a Chairman of the Censor Board, as well as a team of individuals (no fewer than twelve and no more than twenty-five) to be appointed by the Central Government to assist the Chairman in his duties.
• It can also order the applicant to make changes and deletions to the film before it can be certified. If such changes are not made, the Censor Board may refuse to allow the film to be shown publicly.
• Although film certification is a subject of the Central Government, state governments are responsible for enforcing censorship in their respective domains.
  • The following criteria are used for certification:
  • U – It stands for "universal exhibition"
  • A – Restricted to the adult audience only
  • UA – Unrestricted public exhibition, but with a parental discretion warning for children under the age of twelve.
  • S – Public exhibition for a specific group of people like doctors, engineers, etc.

• Objectives of the Act

  • The film medium has always been and will continue to be responsible and attentive to societal standards and ideals.
  • The artistic freedom of creative expression is not infringed upon in any way.
  • Certification should be in charge of social transformations.
  • The film medium provides a safe and healthy environment.
  • The film has aesthetic value and good cinematic material to the extent possible.
• Another significant provision of the 1952 Act was the creation of the Film Certification Appellate Tribunal (FCAT).
  • This was established under Section 5D of the Act and is specifically designed to hear appeals from disgruntled parties who request a re-examination of the Censor Board's decision (CBFC).
• Scenes depicting extreme violence, filthy language, vulgarity, contempt of court, an insult to the national symbol, the inaccurate portrayal of individuals, religion, and so on are not permitted, despite a few small exceptions.

Censor Certificate

Film Certification Appellate Tribunal

• The Film Certification Appellate Tribunal (FCAT) is a legislative body established by Section 5(D) of the Cinematograph Act, 1952, under the Ministry of Information and Broadcasting.
• The FCAT considers appeals from applicants who have been harmed by a Central Board of Film Certification order (CBFC).
• The FCAT was founded in 1991, and it is based in New Delhi.
• In most cases, an appeal to the FCAT of a CBFC order is followed by a second evaluation of the film by the Censor Board.
• An aggrieved party has 30 days from the date of the CBFC order to submit an appeal.
• An appeal against an FCAT decision can be made to the Minister of Information and Broadcasting or through the legal system of the country.
• The Chairman of the FCAT is usually a retired Supreme Court judge. He or she is aided by other Tribunal members.
• The Indian government abolished the Film Certification Appellate Tribunal (FCAT) in 2021.

Conclusion

The Ministry of Information and Broadcasting recently requested public feedback on the draft Cinematograph (Amendment) Bill, 2021, which intends to restore the Central Board of Film Certification's revisionary powers; make the process of certifying films for exhibition more effective, in tune with changing times, and curb the danger of piracy, according to the new Bill.