Edited by Pranav Belkale, Colin Hollingsead, and Sudipta Rout
Abstract
Film censorship in India is a pervasive practice aiming to shun any content from public scrutiny that may affect the culture’s “morality,” “decency,” or “public order.” Prior restraint of films is conducted by the CBFC, which operates under the Cinematograph Act of 1952 and enables pre-censorship of content through Sections 5B and 5C based on mere speculation and majoritarian ideologies. Because the Indian Constitution vehemently attempts to protect free speech through Article 19 – only allowing restrictions through strict scrutiny of provisions in Article 19(2) – this paper calls for statutory reforms that prohibit the restraint of films before publication and reject the cinematic medium as being one that is exceptionally influential on culture as compared to other forms of media. By examining the history of relevant case law regarding such censorship, the judicially fundamental proportionality test, the unwarranted conservatism surrounding films, and the constitutional refuge granted to free speech, this paper suggests reforms that attempt to preserve creative expression and regulate using the least restrictive means possible. The questions raised here and the proposed answers delegate films to be a crafter of the cultural narrative – one which both embraces tradition yet confronts it unapologetically.
