Kartikeya Anshu here explores the practice of film censorship in India, delving into its historical context and legal framework. He examines the clash between freedom of speech and expression and the regulations imposed on filmmakers, while also discussing the politicization of film censorship and proposing potential reforms to achieve a better balance between creative expression and reasonable restrictions.

Abstract

Historically, censorship in India has always been a subject of intense discourse, given its constant clash with freedom of speech and expression. The legal dialogue around film censorship has increased dramatically in recent years, evidently having peaked with the Cinematograph (Amendment) Bill, 2021. This paper attempts to understand the philosophy of the practice of film censorship, alongside the constitutional guarantees of freedom of speech and the accompanying reasonable restrictions. Beginning with an account of history of litigation governing film censorship from the colonial period to the modern day; the paper establishes the historical circumstances of the Cinematograph Acts and changes in philosophies of the laws before and after independence (or the lack thereof). Following this, the paper analyses judicial positions on film censorship, with a particular focus on historical patterns of judgements rendered in landmark cases on the issue. The next section focuses on politicisation of film censorship, particularly the judicial and extrajudicial restriction on rights of filmmakers of free speech and expression. The section also elaborates on the effects of the proposed 2020 Amendment. Finally, the paper concludes with
a case of reform applicable for the current system of film censorship that promises a better balance of the movie-makers’ freedom of speech and expression, and the rider for reasonable restrictions. Drawing greatly from existing literature on censorship laws and jurisprudence around the world; this paper is an attempt to raise important questions on the virtue of film censorship and the nature of creative expression.