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The Kerala High Court's recent questioning of the Central Board of Film Certification (CBFC) regarding its directive to remove the name 'Janaki' from the film title 'JSK – Janaki v/s State of Kerala' raises crucial questions about censorship, artistic freedom, and the interpretation of guidelines in the context of Indian cinema. The court's intervention underscores the importance of judicial oversight in ensuring that regulatory bodies do not overstep their boundaries and that creative expression is not unduly restricted based on subjective interpretations or unfounded concerns. The CBFC's justification for the proposed name change, citing guidelines related to visuals or words that might be contemptuous of racial, religious, or other groups, appears tenuous at best, particularly given the common and widely accepted nature of the name 'Janaki' in Indian society. The court's pointed inquiry into how this guideline could possibly apply to a name that does not belong to any particular caste highlights the absurdity of the CBFC's stance. The examples cited by the court, such as 'Seeta Aur Geeta' and 'Ram Lakhan,' further illustrate the lack of a reasonable basis for the CBFC's objection. These films, which feature names deeply rooted in Indian mythology and culture, have never faced similar scrutiny or encountered any public outcry. The CBFC's attempt to justify its decision by pointing to the film's mature content, including sexual crimes against women and strong language, seems to be a diversionary tactic designed to deflect attention from the core issue, which is the arbitrary and discriminatory nature of the objection to the name 'Janaki.' It is unclear how the name itself, regardless of the film's content, could be construed as contemptuous of any group. The fact that the revising committee's recommendation was based on such flimsy grounds raises serious concerns about the competence and impartiality of the CBFC. The court's directive to the CBFC to submit the chairman's order regarding the film by Monday suggests a determination to address the issue expeditiously and to ensure that the censor board's decision-making process is transparent and accountable. The outcome of this case could have significant implications for the future of film certification in India, potentially setting a precedent for challenging arbitrary and discriminatory censorship practices. The reference to Rule 25 of the Cinematograph (Certification) Rules, 1983, adds another layer of complexity to the legal proceedings. The petitioner's contention that the Rules do not provide for the issuance of a show cause notice in situations where certificates are issued subject to the removal of certain portions of a film raises questions about the procedural fairness of the CBFC's actions. If the Rules do not authorize the issuance of a show cause notice in this context, then the CBFC's decision to issue such a notice could be deemed unlawful and invalid. The presence of Union minister of state for petroleum and natural gas, Suresh Gopi, in the movie, while perhaps not directly relevant to the legal issues at stake, adds a political dimension to the case. It is possible that the CBFC's decision was influenced by political considerations, although there is no direct evidence to support this claim. Regardless of the motivations behind the CBFC's actions, the Kerala High Court's intervention is a welcome development that underscores the importance of protecting artistic freedom and ensuring that regulatory bodies operate within the bounds of the law. The case serves as a reminder that censorship should be exercised sparingly and only when there is a clear and demonstrable threat to public order or morality. Arbitrary or discriminatory censorship practices have no place in a democratic society.
The larger context of this case involves the ongoing debate about the role and responsibilities of the CBFC in a rapidly changing media landscape. The CBFC has often been criticized for its inconsistent and sometimes irrational decisions, which have led to controversies and legal challenges. Critics argue that the CBFC's guidelines are often vague and open to subjective interpretation, allowing the board to exercise undue influence over the creative content of films. There is a growing consensus that the CBFC needs to be reformed to ensure that it operates in a more transparent, accountable, and consistent manner. The recommendations of various committees and commissions that have examined the issue of film certification in India have called for a more nuanced and less intrusive approach to censorship. These recommendations have often been ignored or only partially implemented, leading to continued dissatisfaction with the CBFC's performance. The Kerala High Court's intervention in the 'JSK – Janaki v/s State of Kerala' case provides an opportunity to revisit these issues and to push for meaningful reforms to the film certification process. The court's emphasis on the importance of artistic freedom and the need for regulatory bodies to act within the bounds of the law sends a strong message to the CBFC and other similar organizations. It is essential that the judiciary continues to play a proactive role in safeguarding fundamental rights and ensuring that censorship is not used as a tool to stifle creative expression. The case also highlights the importance of public awareness and engagement in issues related to censorship and artistic freedom. When citizens are informed about their rights and are willing to challenge arbitrary or discriminatory censorship practices, it becomes more difficult for regulatory bodies to overstep their boundaries. The media also has a crucial role to play in scrutinizing the actions of the CBFC and other similar organizations and in providing a platform for diverse voices and perspectives. By fostering a culture of open dialogue and critical inquiry, it is possible to create a more robust and resilient system for protecting artistic freedom and promoting cultural diversity.
The implications of the Kerala High Court's decision extend beyond the specific case of 'JSK – Janaki v/s State of Kerala.' If the court ultimately rules in favor of the petitioner, it could set a precedent that would make it more difficult for the CBFC to arbitrarily censor films based on subjective or unfounded concerns. This would be a significant victory for artistic freedom and would encourage filmmakers to push the boundaries of creative expression without fear of undue censorship. On the other hand, if the court upholds the CBFC's decision, it could embolden the censor board to continue its restrictive practices and could have a chilling effect on the film industry. Filmmakers might become more cautious and self-censoring, fearing that their films will be subject to arbitrary scrutiny and censorship. The outcome of the case will also have an impact on the public's perception of the CBFC and its role in society. If the CBFC is seen as an overly restrictive and unaccountable body, it will lose credibility and legitimacy. This could lead to increased calls for reform and could eventually force the government to take action to address the concerns of filmmakers and the public. It is important to remember that censorship is not just about restricting access to information or ideas; it is also about shaping public discourse and controlling the narrative. When censorship is used to suppress dissenting voices or to promote a particular ideology, it can have a detrimental effect on democracy and social progress. Therefore, it is essential to remain vigilant against all forms of censorship and to defend the right to freedom of expression. The 'JSK – Janaki v/s State of Kerala' case is a microcosm of the larger struggle between artistic freedom and censorship that is being waged around the world. It is a reminder that the fight for freedom of expression is never truly won and that it requires constant vigilance and effort to protect it from erosion. The Kerala High Court's intervention in this case is a positive step in the right direction, but it is only one battle in a long and ongoing war.
Source: Kerala HC raps censor board over directive to remove name ‘Janaki’ from movie