The Delhi High Court has recently asserted that films that ridicule religions, incite hatred, or threaten social harmony are not eligible for certification in a secular society. This ruling came as Justice Manmeet Pritam Singh Arora dismissed a plea from the director of the movie "Masoom Kaatil," who challenged the Central Board of Film Certification's (CBFC) decision to deny the film a public release in 2022.
The court emphasized that in a diverse and secular nation like India, the freedom of speech and expression, guaranteed under Article 19(1)(a) of the Constitution, is subject to reasonable restrictions, including those related to decency, morality, public order, and incitement to offense. The content of "Masoom Kaatil" was found to violate these prohibitions.
The CBFC's Examining Committee in Delhi and the Revising Committee in Mumbai both rejected the film for certification. They detailed that the movie not only glorified vigilantism but also depicted gruesome violence, human cannibalism, and scenes likely to incite communal tensions. The committees also pointed out the film's use of expletives, violence against animals, and instances of minors participating in violence and criminal acts.
Justice Arora stated that if a film leads viewers to believe that taking the law into one's own hands is admirable, it could erode public trust in the legal system and promote violence as an acceptable alternative to following the law. The court further noted that the film failed to condemn or correct such behavior, potentially harming the moral development of young viewers. The court elaborated that combining such dangerous ideas with graphic scenes of killing and cannibalism could seriously disrupt public peace and encourage violent actions, thereby jeopardizing public safety.
The court also noted that the movie contained "insulting references to communities, derogatory remarks about religions, and caste-based/communal statements". Such depictions, the court said, fall within the prohibitions of the Rule Guidelines For Certification of Films For Public Exhibition of 1991, specifically Rules 2 (i), (iii), (iv), (vii) and (xiii), which prohibit any film likely to promote communal disharmony or offend religious sentiments.
The court also observed that the content of the film is excessively or unnecessarily violent and gruesome without any redeeming qualities and is therefore unfit for public viewing. The exhibition of unchecked gore content as shown in the film would brutalize minds and normalize lawlessness, rather than promoting social values. The portrayal in the film violates Rule 2 (iii) (a) of the 1991 guidelines, which prohibits films from corrupting the morality of children and susceptible audiences and impermissibly glamorizes juvenile wrongdoing.
The CBFC is a statutory body under the Ministry of Information and Broadcasting that regulates the public exhibition of films under the Cinematograph Act of 1952. Films can only be exhibited publicly in India after being certified by the CBFC. The CBFC comprises non-official members and a chairman, all appointed by the Central Government, and operates with its headquarters in Mumbai. It has nine regional offices across India. The certification process adheres to the Cinematograph Act, 1952, the Cinematograph (Certification) Rules, 1983, and the guidelines issued by the Central government.
The CBFC certifies films under four categories: U (unrestricted), UA (unrestricted with parental discretion for children under 12), A (adult), and S (for a special class of persons). In November 2024, the UA category was further refined to include age-based markers: U/A 7+, U/A 13+, and U/A 16+.
The Cinematograph Act of 1952 states that a film will not be certified if any part of it is against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency, involves defamation or contempt of court, or is likely to incite the commission of any offense.
