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The Bombay High Court reprimanded the Central Board of Film Certification (CBFC) while hearing a petition seeking the Universal (U) Certification for a children's film Chidiakhana.
The petition was filed by the Children's Film Society India (CFSI), a nodal organisation under the Ministry of Information and Broadcasting that produces Children School and various TV programs in various Indian languages was heard by Division bench of Justice SC Dharmadhikari and Justice G S Patel.
The CFSI was asked to mute a word in a scene also delete a particular scene from the movie by the CBFC in January and the changes were in the month of June by CFSI. The CBFC when asked for their response tendered that the movie should be certified U/A i.e the children below the age of 12 cannot watch without the supervision of adults. The CBFC claimed that the film contained violence and discrimination against a community hence the U/A certification.
Justice Patel said that
“You (CBFC) are a certification board and not a Censor Board you will not decide what one wants to watch and see. Nobody has given CBFC the intellectual morality and authority to decide what one wants to watch and see”
Court noted that films can be used to explain issues like caste discrimination drug addiction excetra to children justice Patel question the CBSE stand on the issue and asked
Films can be a method of education for the children about the discrimination, drug addiction and other social issues.
Justice Patil questioned the CBFC
“Are you ostriches? You put your head in the sand and pretend something does not exist.”
Court invoked the Udta Punjab controversy and contemplated that the CBFC had not learnt anything
“You are forming an opinion that the whole population is infantile time and imbecile and you are the only one with an iota of Intelligence to decide for everyone”
The Bench ordered the CBFC’s Regional office to file an affidavit and explain the CBFC’s policy for certification for the Children’s film. The matter will be further heard on 5th August.
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