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On 27 JULY 2020, Ministry of Defence has written a letter to the regional officer of Central Board Film Certification. Ministry directed the producers of movie, web series based on Army theme advised to obtain a No-Objection Certificate (NOC) before the telecast of any movie, documentary on Army theme in the public domain.
A letter in this matter has sent to CBFC, in order to prevent production houses from distorting the image of the ARMY or hurt their sentiments may be prevented.
A copy of the letter has also been sent to the Ministry of Information and Broadcasting and the Ministry of Electronics and Information Technology for consideration.
This step has taken after the PIL has been filed in Allahabad High Court, Petitioner sought before the court to complete ban on a web series “XXX-Season 2” which is streaming on the subscription-based video platform produced by Ekta Kapoor’s Production House. This plea has been filed due to the alleged representation of the wives of the Indian Army officers and disrespect showcased to the Army uniform in the series.
Petitioner stated that under “the State Emblem of India(Prohibition of Improper Use) Act, 2005 and the Indecent Representation of Women(Prohibition) Act 1986, these types of representations are punishable and also an offence as per provisions provided under the Indian Penal Code and the Information Technology Act, 2000.”
Furthermore, in the case applicant submitted, all these types of representations in web series are a clear violation of the Supreme court regulation which blocks the transmission or publication in any electronic form of the material which is obscene, the transmitting of material which contains sexually explicit act or conduct and also transmitting or publishing of material which represents children in the sexually explicit act or conducts directly.
It is contended Article 33 of the Constitution of India defines that armed forces need differential treatment because they are in special service.
“Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces of the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.”
In view of the above matter, the Ministry of Defence requested CBFC to obtain NOC before telecasting on army theme in the public domain.
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