MOVIE REVIEW ON UDTA PUNJAB

MEDIA LAW
TUTORIAL- I

MOVIE REVIEW ON
UDTA PUNJAB

BY:

JOBY NOBLE

B.A L.L.B

ROLL NO: 116

PRN: 15010323116

In

JANUARY, 2019
Under Guidance Of

Prof. Hifajatali Sayyed

Symbiosis Law School, Hyderabad

Symbiosis International University, PUNE
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 MOVIE REVIEW ON UDTA PUNJAB

MOVIE REVIEW
ON

UDTA PUNJAB

[1] MOVIE NAME, YEAR RELEASED AND CENTRAL CONCEPT OF T HE MOVIE

Movie Name – UDTA PUNJAB

Release date – 17th June, 2016

Central Concept of the Movie – The movie revolves around a large number of youth in
Punjab who succumb to drugs and thereby destroy their lives. The movie tries to show how
the problem of drug abuse harms a person’s physical health, mental health, freedom, romantic
relationships, friendships and family relationships. In short, the movie bluntly and
realistically tries to show the drug problem faced by the people, especially youth, in Punjab
and how it affects themselves as well as the society.

[2] PLOT SUMMARY AND BRIEF FACTS OF THE MOVIE

[2.1] PLOT SUMMARY

 Udta Punjab tells the story of 4 individuals from different walk of life, namely Tommy
Singh, Bauria, PreetSahni and Sartaj, who are trying to fight the menace of drugs in their
own way
 Tejinder "Tommy" Singh, played by ShahidKapoor, is a famous Punjabi musician who is
addicted to drugs. However, his addiction puts him behind the bars where he meets two of
his die-hard fans who tell himhow his lifestyle had influenced them to commit murder.
After this incident, Tommy decides to reform himself.
 Bauria, played by Alia Bhatt, is a Bihari migrant worker. She works for a local landlord
who uses agriculture as a front for drug-peddling. One day, when she tries to sell a packet
of drugs by herself, she gets caught by peddlers who forcibly keep her at their house and
is sexually and physically abused, given drugs, and prostituted to men. However, she
manages to escape after a week.
 PreetSahni, played by KareenaKapoor, is a doctor and activist who runs
a rehabilitation center.

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 Sartaj Singh, played by DiljitDosanjh, is a policeman who knows about the involvement
of his senior officers indrug smuggling. However, when it affects his family, he realizes
the intensity of the situation.
 Preet and Sartaj decide to find the root cause of the problem together.
 During Tommy’s next concert, he starts to preach about how one should lead one's life.
This infuriates the audience who throws bottles at him. Tommy gets angry and urinates in
front of the crowd before fleeing. He hides in an old structure where he meets Bauria,
who also happens to be hiding there. The two share their stories and bond. However,
Bauria is recaptured by the same gang. Tommy sets out in search ofBauria
 Preet and Sartaj find that the main reason behind Punjab’s drug problem is an elderly man
called Virender Singh, who has flourished with the support of MP ManinderBrar.
 Sartaj and Preet fall in love. However, one night, Preet sees a manic Balli (Sartaj’s
brother who is addicted to drugs) trying to escape from her rehab center. On trying to stop
him, she is accidentally stabbed by him.
 Meanwhile, Sartaj starts collecting evidences against ManinderBrar, which eventually
lands him up in a farmhouse where Bhuria is also confined.Sartaj is beaten and then
questioned by Jhujar, who is a key member in the drug racket. At the same time, Tommy
enters the house. Sartaj grabs Jhujar's pistol and shoots the whole gang. Tommy helps
Bauriato escape.
 In the climax, it is shown that the government issued an inquiry into ManinderBrar's
activities which thereby brought down the drug menace in Punjab.

[2.2] BRIEF FACTS OF THE MOVIE

CBFC REFUSES TO CERTIFY THE MOVIE

In this case, the CBFC’s Revising Committee refused to certify the film Udta Punjab due to
its abusive language and excessive use of drugs. The Board further stated that it would not
certify the film unless and until 89 cuts were made in the movie (it compiled it in a list that
made it appear as though there were only 13 wholesome cuts). The CBFC suggested these
cuts in the movie as a mandatory measure to seek certification.

CBFC’S FINDINGS CHALLENGED BEFORE THE BOMBAY HIGH COURT

The matter was challenged in the Bombay High Court by the filmmakers by virtue of Article
226 of the Indian Constitution. The Bombay High Court cleared the film with only one cut in

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which the title character, Tommy Singh was seen urinating in front of an audience at a
concert.

PETITION BEFORE THE APEX COURT TO STAY THE FILM

Later, a petition was moved to the Supreme Court by a Punjab-based NGO, namely, Human
Rights Awareness Association seeking a stay in the release of the film on the ground that the
film portrayed the state of Punjab in bad light. They further contended that the Bombay High
court should not have interfered with the decision of the Central Board of Film Certification.

THE SUPREME COURT REFUSES TO INTERFERE AND GIVES LIBERTY TO THE

PETITIONER TO APPROACH THE PUNJAB HIGH COURT

However, the Supreme Court refused to interfere into the matter, but rather, gave liberty to
the petitioners to approach the Punjab and Haryana High Court.

PUNJAB HIGH COURT HOLDS THAT THE FILM DOES NOT PORTRAY THE STATE OF
PUNJAB IN BAD LIGHT

When the matter came up for consideration in the Punjab and Haryana High Court, they
appointed a Mumbai-based lawyer SujayKantawala as an Amicus curie and directed him to
submit a report after watching the movie in the presence of the filmmakers representatives
and the petitioner. Based on the report submitted by the amicus curie, the High court held that
the film did not portray the state in a bad manner, and neither the film is anti-women, as
claimed by the petitioners.

[2.3] INTERESTING FACTS OF THE M OVIE

Some of the interesting facts surrounding this movie are—

1. The Movie is based on Extensive Research: Udta Punjab tells the story of substance
abuse that is prevalent in Punjab. It focuses on the fact that Punjab will become the
next Mexico if the youth of the state continues to alter their state of mind through
drug abuse. The movie is based on the 4 years of extensive research.The film holds no
agenda of spreading negativity about the Indian state.
2. CBFC demanded to cut 89 scenes from the movie: The Censor Board demanded
for 89 cuts in the movie, which included the names of nine cities and words like MP,
politician, etc. It also asked the makers to drop the word PUNJAB from the title.

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3. The Cast and Crew of the Movie were not provided with any security: Another
interesting fact is that generally, celebrities ask for police security when the crowd
goes angry. However, in the present case, the filmmakers did not demand any kind of
police security.
4. Shahid and Kareena did not even have a single scene together:We all are aware of
the fact that Shahid and Kareena were in a relationship and after their break-up, they
decided not to do movies together. Maybe that is the reason whyKareenaKapoor was
paired with DiljitDosanjhandShahid opposite Alia Bhatt.
5. The Song ‘ChittaVe’ was shot with live audience: The audience who were cheering
Shahid (Tommy) in the song “ChittaVe” is not a film set of junior artists, but rather, a
real audience. When people came to know that Shahid is shooting for a song, they
voluntarily gathered at the sets in order to see him.
6. The role of Bauria was first offered to Priyanka Chopra: The filmmakers first
approached Priyanka Chopra for the role of Bauria. However, due to her busy
schedule, she could not accept the offer.Later, Parineeti Chopra was also offered this
role. Finally, Alia bhatt was given the role, which according to me was a good
decision made by the filmmakers.
7. The Movie was a Commercial Success:Made on a budget of ₹40 crore, Udta
Punjab was a commercial success and earned approximately ₹107.7 crore worldwide
8. Awards: At the 62nd Filmfare Awards, the film won four awards, including Best
Actress (Alia Bhatt) and Critics Award for Best Actor(ShahidKapoor)

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[3] ISSUES RAISED AND RULES APPLICABLE

[3.1] ISSUES RAISED

The issues that were taken into consideration by the Bombay High Court in Phantom Film
Pvt. Ltd v. Central Board of Film Certification1 were—

1. WHETHER THE PETITION FILED UNDER ARTICLE 226 OF THE INDIAN CONSTITUTION
MAINTAINABLE?
2. WHETHER THE SEQUENCE OF CUTS AND DELETIONS PROPOSED BY CBFC
VIOLATIVE OF THE PETITIONER’S R IGHT TO FREEDOM OF SPEECH AND EXPRESSION?

The issues that were taken into consideration by thePunjab and Haryana High Court (after the
Supreme Court granted the liberty to the petitioner to approach the said court) in Wattan
Sharma v. Union of India2 were—

1. WHETHER THE FILM TRIES TO PORTRAY PUNJAB AS A HUB OF NARCOTICS AND

PSYCHOTROPIC SUBSTANCES, THEREBY SHOWING IT IN BAD LIGHT?

[3.2] LAWS AND RULES THAT ARE APPLICABLE

The following are the Laws and Rules Applicable in the present matter:-

1. Article 19(1) and Article 19(2) of the Indian Constitution

2. Section 5(B) of the Cinematograph Act, 1952 [Guidelines –2(vii), 2(viii), 2(ix), 2(xii)
and 2(xiv)]

[4] LEGAL ANALYSIS

[4.1] WHETHER THE PETITION FILED UNDER ARTICLE 226 OF THE INDIAN CONSTITUTION
MAINTAINABLE?

The first issue that was taken up by the Hon’ble Bombay High Court was whether the writ
petition filed under Article 226 of the Indian Constitution maintainable in the eyes of law,
given the fact that the petitioners had an alternativeremedy available to them of an appeal
under section 5C of the Cinematograph Act, 1952.

1
2016 SCC OnLineBom 3862
2
2016 SCC OnLine P&H 4561

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The Counsel for the petitioner contended that the reason why they did not approach the
Appellate Tribunal was because they were informed that the Chairman of the tribunal would
be unavailable till 17th June, 2016. He further stated that the filmmakers had decided the date
of release of the film as 17thJune, 2016. If the movie could not be released on the said
date,they would suffer a hugeloss and prejudice in the event.

The High Court took this argument into consideration and held that—

“We were of the opinion that since larger questions and going to the root of the
freedom guaranteed by Article 19(1)(a) of the Constitution of India are involved in
this writ petition, it would be desirable to hear the writ petition on merits rather than
to uphold the preliminary objection.”

In my opinion, The Bombay High court was right in considering the present petition
maintainable, even though an alternate remedy was available to them, given the fact that the
Chairman of the Tribunal was unavailable and the petitioners had no other choice to get their
film released on the decided date. It is also important to note that the availability of an
alternate equally efficacious remedy is not an absolute bar for entertaining a writ petition
under Article 226 of the Constitution of India. It is a rule of discretion and prudence rather
than a legal bar. Therefore, in my opinion, the Bombay High Court judiciously exercised its
discretion in entertaining the present petition.

[4.2] WHETHER THE SEQUENCE OF CUTS AND DELETIONS PROPOSED BY CBFC VIOLATIVE
OF THE PETITIONER ’S R IGHT TO FREEDOM OF SPEECH AND EXPRESSION?

The second issue that was considered by the Bombay High Court was whether the cuts and
deletions imposed upon the movie reasonable, just and fair. As stated in [2.2], the CBFC’s
Revising Committee refused to certify the film Udta Punjab unless and until 89 cuts were
made in the movie. (The list of cuts proposed by CBFC is attached in the Appendix.)

[4.2.1] CBFC DOES NOT HAVE THE POWER TO DETERMINE HOW THE SUBJECT OF THE FILM
SHOULD BE DEALT

The mandate emerging from section 5B of the Cinematograph Act, 1952 and Article
19(1)(a) of the Constitution of India, is completely violated in the present case. The Board
does not have the power to determine as to how the subject of the film should be dealt with
by the maker or producer of a film.

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The treatment of the subject and the selection of the theme should be entirely left to the
creative team. That is when the right guaranteed by 19(1)(a) of the Constitution of India
become meaningful. The cuts or excisions if at all to be directed must have a nexus with the
object sought to be achieved by the Act. Merely because the board holds an opinion that
some part or portion is unnecessary or is not required considering the story of the film, that
would not enable it to cut or excise the film in that manner.

[4.2.2] THE COURT HAS TO INTERFERE INTO THE DECISION OF CBFC IF IT IS ARBITRARY

The purpose of film certification is to ensure that the medium of film remains responsible and
sensitive to the values and standards of the society. The work of film certification work is
performed by experts in the field. In certification of films by experts, judicial review of their
decision is permissible on restricted grounds. However, if the order passed by them and
decision taken eventually runs counter to the objectives of the film certification completely
and negates the constitutional guarantee, then, this court can interfere in its writ jurisdiction.

This court can also interfere in the decision of experts if it is completely arbitrary and
perverse in the sense that no reasonable man placed in the position of board members would
arrive at a conclusion which is arrived at and impugned in the present case.

[4.2.3] THE LIST OF CUTS PROPOSED BY CBFC IS UNREASONABLE AND AGAINST THE
CONSTITUTIONAL MANDATE

In my opinion, the list of cuts proposed by the CBFC (Refer Appendix)is totally unreasonable
and against the right guaranteed under Article 19(1)(a) of the Indian Constitution.

For instance, Cut No.1 demands the deletion of sign board of Punjab in the beginning
[referring to guideline 2(xiv).] That guideline state that the Board of Film Certification shall
ensure that the sovereignty and integrity of India is not called in question. However, in my
opinion, mere depiction of a sign board of the State in the beginning by itself and without
anything more calls, does not question the sovereignty and integrity of India in any manner.

Similarly, Cut No. 2 [referring to guideline 2(xiv)] demanded a blanket deletion of the names
of some cities in the State of Punjab.The deletion has to be effected from the background and
dialogues wherever it occurs, which in my opinion, would destroy the theme of the film. If
the story line is depicting the events in one State and suggestive of the menace of drugs in

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that State, then, reference to some towns and cities is bound to be made. By such reference
and completely ignoring the central or focal theme, the sovereignty and integrity of India
would not be affected.

Cut No. 3 and 4[referring to guideline 2(vii)]is with reference to deletion of certain words
from the songs of the movie. In my opinion, the words which are sought to be deleted from
the song as suggested in cut nos. 3 and 4 do not in any manner offend human sensibility. One
line or one word cannot be picked from the whole song and read out of context or in
isolation. There is no vulgarity, obscenity or depravity. It is a depiction of how a rock star,
after being taken over by the drugs and under influence of the same, on occasions, forgets the
lyrics and the words in a song and utters abuses.

Cut No.5[referring to guideline 2(vii) and 2(ix)] is with reference to deletion of certain
abusive words like “behenchod”,”laudu” etc. from the movie. In my opinion, the abuses and
the expletives in the mouth of some characters as are to be found in the film are to be viewed
in the backdrop of the setting, the story and theme of the film. That shows as to how some
rustic villagers would speak in a rough tone. The only intent of the filmmakers was to show
the audience the raw reality, and therefore guideline 2(vii) and 2(ix) would have no
application in the present case.

With regard to Cut No. 6 [referring to guideline 2(xiv)], there is no material for the direction
to delete the words 'election', 'MP', 'party' from party worker or 'MLA', 'Punjab' and
'Parliament'. By mere utterance of these words by fictional characters, the sovereignty and
integrity of India would not be called in question.

Cut No. 7[referring to guideline 2(xiv)], in my opinion, does not offend human sensibilities
by vulgarity, obscenity or depravity.Application of guideline2(xiv) to this scene serves no
purpose. Apart therefrom, this visual shows the side portion of a Sardar scratching/itching is
only 10 seconds passing visual which tries to depict an individual addict undergoing
withdrawal symptoms.

Cut No. 8[referring to guideline 2(vi)] was suggested because the board came to a conclusion
that this is a scene tending to encourage, justify or glamorise drug addiction. A closeup shot
of the drugs being injected and running throughout the film if deleted in this manner, it would
not carry forward the message or theme of the film. Merely because a drug is being shown to

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be injected and there is a closeup shot thereof, it may not by viewed as tending to encourage,
justify or glamorise drug addiction.

Cut No. 9[referring to guideline 2(viii)] is with reference to a scene in which the title
character was seen urinating into the crowd of audience. This scene, in my opinion, has the
potential to offend human sensibilities by vulgarity. Also, considering the fact that the scene
was not integral to the film, the Bombay High Court was right in asking the filmmakers to cut
this scene before exhibiting the film before the public.

With regard to Cut Nos. 10 and 11[referring to guideline 2(vii) and 2(xii)], one line has been
picked up and is taken to be obscene or depraving human sensibility.However, that cannot be
the conclusion reached if one views the work as a whole. The test is that it must be viewed as
a whole. If that is how the work has to be viewed, then, cut nos. 10 and 11 do not in any
manner suggest that the visuals or words are contemptuous of racial, religious or other
groups. (Cut No. 12 and 13 were with reference to the disclaimers which was not argued
before the Court)

[4.2.4] THE PETITIONER’S RIGHT TO FREEDOM OF SPEECH WAS VIOLATED IN THE PRESENT
CASE

Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression.
That takes within its import the right of a citizen to produce and make a film so also exhibit
the same. The right guaranteed by Article 19(1)(a) includes a further guarantee to exhibit a
film for viewing by the public. Therefore, a certificate is sought under the Cinematograph
Act, 1952. In my opinion, the citizen’s right to freedom of speech and expression ought to be
safeguarded and protected at every cost.

The exercise of power by the Central Board of Film Certification should not in any manner
violate the constitutional guarantee of freedom of speech and expression. Some of the case
laws in which the Courts upheld the right to freedom of speech and expression are—

RAMESH PIMPLE V. CENTRAL BOARD OF FILM CERTIFICATION3

3
(2004) 5 Bom CR 214.

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In this case, the Bombay High Court held that the CBFC had unreasonable withheld
certification to a film, Aakrosh, which documented the ugly aftermath of the communal
carnage in Gujarat in 2002. Underlining the need for social introspection through art forms,
the court held—

“19….We are unable to share the views of the Tribunal that the riots are now
history, and therefore, be forgotten by the public to avoid repetition of such cruel act.
It is when the hour of conflict is over it may be necessary to understand and analyse
the reason for strife. We should not forget that the present state of things is the
consequence of the past; and it is natural to inquire as to the source of the evils we
suffer”

BOBBY ART INTERNATIONAL V. OM PAL SINGH HOON4

In this case, the petitioner sought the censor of scenes of frontal nudity showing Phoolan
Devi (a rape victim who later became one of India’s most dreaded dacoits) being paraded
naked before the village folk after days of being gang raped. Rejecting the challenge, the
Supreme Court held—

“15… The rape scene also helps to explain why Phoolan Devi become what she did.
Rape is crude and its crudity is what the rapist's bouncing bare posterior is meant to
illustrate. Rape and sex are not being glorified in the film. Quite the contrary. It
shows what a terrible, and terrifying, effect rape and lust can have upon the victim. It
focuses of on the trauma and emotional turmoil of the victim to evoke sympathy for
her and disgust for the rapist.”\

F.A. PICTURE INTERNATIONAL V. CENTRAL BOARD OF FILM CERTIFICATION 5

This is another case of film censorship, the Bombay High Court held—

“12…Films which deal with controversial issues necessarily have to portray what is
controversial”

DIRECTOR GENERAL OF DOORDARSHAN V. ANAND PATWARDHAN6

4
(1996) 4 SCC 1
5
AIR 2005 Bom 145.
6
(2006) 8 SCC 433.

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In this case, the Supreme Court emphasized the importance of judging the work as a whole
and not in bits and parts. The relevant paragraph of the judgment is produced hereunder—

“38. Hence, in our view, the correct approach to be taken here is to look at the
documentary film as a whole and not in bits, as any message that is purported to be
conveyed by way of a film cannot be conveyed just by watching certain bits of the
film. In the present situation the documentary film is seeking to portray certain evils
prevalent in our society and is not seeking to cater to the prurient interests in any
person. Therefore, we have no hesitation in saying that this documentary film if
judged in its entirety has a theme and message to convey and the view taken by the
appellants that the film is not suitable for telecast is erroneous.”

From the above mentioned cases, it is crystal clear that if the cuts and deletions proposed by
the CBFC is unreasonable and violates the right to freedom of speech and expression, then
the same can be interfered with by the courts. The courts can then ensure that justice is done.

In the present case of Udta Punjab, cuts proposed by CBFC was without considering the
backdrop, central theme and looking at the film as a whole. Therefore, without a semblance
of doubt, one can say that the petitioners' fundamental freedom has been adversely affected.
In my opinion, the Bombay High Court’s judgment is one step towards progress, as it has
rightly identified that the intent of the filmmakers was just to show the raw reality of the State
of Punjab and thereby directed the respondent (CBFC) to grant “A” certificate to the film
within 48 hours.

[4.3] WHETHER THE FILM TRIES TO PORTRAY PUNJAB AS A HUB OF NARCOTICS AND
PSYCHOTROPIC SUBSTANCES, THEREBY SHOWING IT IN BAD LIGHT?

The issue that was taken up for consideration by the Hon’ble Punjab and Haryana High Court
(after the Apex Court refused to interfere into the matter) was whether the film is purely a
political agenda with the principal objective of projecting the State of Punjab as a hub of
narcotics and psychotropic substances. In the present matter, the Hon’ble Punjab and Haryana
High Court appointed a Mumbai-based lawyer SujayKantawala as an Amicus curie and
directed him to submit a report after watching the movie in the presence of the filmmaker’s
representatives and the petitioner.

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The report disclosed that the film does not, in any manner, glorify usage of drugs or narcotic
substances. It does not have any ill effect of luring any person towards drug menace. It does
not advocate drug usage or idolize persons to use drugs. Through the lead character, the
Director has portrayed that drugs are dangerous and disastrous and can lead to loss of loved
ones. The women lead character in the film has been bestowed with the mission of reforming
the drug addicts.

Based on this finding, the Punjab and Haryana High Court held that the film did not portray
the state in a bad manner, and neither the film is anti-women. The relevant portion of the
judgment is produced hereunder—

“10… Any prohibition imposed on the exhibition of the film in any part of the
country would pose a challenge to the creative mind of the Story Writer, Script
Writer, Cameraman and the Director. Just because there may be some law and order
issue, no restraint order can be passed as sought for by the petitioner.”

After watching the film, I was of the view that there was no politics involved in production of
the film. Also, the film did not intent to malign the image of any particular State. The drug
menace is not geocentric to the region of Punjab. It is actually a problem faced by the entire
world. The subject is one of topical public importance. The filmmakers only tried their best to
portray the realities happening in the State of Punjab.Therefore, the Punjab and Haryana High
Court did a remarkable job by upholding the filmmaker’s right to freedom of speech and
expression in the present case.

[5] CONCLUSION

To conclude, I would like to say that the cuts proposed by CBFC on Udta Punjab was without
considering the backdrop, central theme and looking at the film as a whole. In other words,
such cuts and deletions were proposed without proper application of the mind.

With respect to the first issue, I am of the opinion that the Bombay High court was right in
considering the present petition maintainable based on the well-established principle of law
that the availability of an alternate equally efficacious remedy is not an absolute bar for
entertaining a writ petition under Article 226 of the Constitution of India. It is a rule of
discretion which was rightly exercised in the present case.

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With respect to the second issue, I am of the opinion thatCensor Board seeks to censor reality
itself. The problem of drug abuse in Punjab is real and scary. In a study published by the
Vidhi Centre for Legal Policy, it was found that in 2015 alone in Punjab, there were 12,181
arrests under the NDPS Act and 558 kilograms of heroin seized. For instance, if we take the
case of F.A. Picture International v. Central Board of Film Certification7, the Bombay High
Court held that just because the movie portrays a “live issue” in the State of Gujarat, it cannot
be an absolute ground for preventing the exhibition of the film. In my opinion, the movie was
bluntly trying to show the reality of drug abuse in Punjab and therefore, the cuts were
violative of the petitioner’s right to freedom of speech and expression.

With respect to the third issue, I am of the opinion that there was no politics involved in
production of the film. Also, the film did not intent to malign the image of any particular
State. Therefore, the Punjab and Haryana High Court ensured justice to the filmmakers by not
granting a stay on the release of the film.

To conclude, I am of the view that the ultimate test that should be applied on a movie like
Udta Punjab is whether it violates our current societal and moral norms. In my opinion, Udta
Punjab does not breach our moral and societal norms. In today’s world, the audience is
mature enough to understand that drugs are not good for their physical health, mental health,
freedom, romantic relationships, friendships and family relationships. Therefore, in my
opinion, the combined effort of the Bombay, as well as Punjab and Haryana High Court has
ensured that a movie like Udta Punjab, which shows the raw reality of Punjab, does not get
banned, and rather, reaches the audience at large.

7
AIR 2005 Bom 145.

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[6] APPENDIX

[6.1] LIST OF CUTS IN THE MOVIE- UDTA PUNJAB

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[6.2] GUIDELINES FOR FILM CERTIFICATION

The Cinematograph Act lays down that a film shall not be certified if any part of it is against
the interest of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or involves defamation or contempt of
court or is likely to incite commission of any offence.

Under section 5B(2) the Central Government has issued the following guidelines.

A film is judged in its entirety from the point of view of its overall impact and is examined in
the light of the period depicted in the film and the contemporary standards of the country and
the people to whom the film relates, provided that the film does not deprave the morality of
the audience. Guidelines are applied to the titles of the films also.

1. Objectives of Film Certification

i. the medium of film remains responsible and sensitive to the values and
standards of society;
ii. artistic expression and creative freedom are not unduly curbed;
iii. certification is responsible to social changes;
iv. the medium of film provides clean and healthy entertainment; and
v. as far as possible, the film is of aesthetic value and cinematically of a good
standard.
2. In pursuance of the above objectives, the CBFC shall ensure that

i. Anti-social activities such as violence are not glorified or justified

ii. the modus operandi of criminals, other visuals or words likely to incite the
commission of any offence are not depicted;
iii. scenes -
a. showing involvement of children in violence as victims or perpetrators
or as forced witnesses to violence, or showing children as being
subjected to any form of child abuse.
b. showing abuse or ridicule of physically and mentally handicapped
persons; and
c. showing cruelty to, or abuse of animals, are not presented needlessly

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iv. pointless or avoidable scenes of violence, cruelty and horror, scenes of

violence primarily intended to provide entertainment and such scenes as may
have the effect of de-sensitising or de-humanising people are not shown;
v. scenes which have the effect of justifying or glorifying drinking are not
shown;
vi. scenes tending to encourage, justify or glamorise drug addiction are not
shown;
vii. scenes tending to encourage, justify or glamorise consumption of tobacco or
smoking are not shown;
viii. human sensibilities are not offended by vulgarity, obscenity or depravity;
ix. such dual meaning words as obviously cater to baser instincts are not allowed;
x. scenes degrading or denigrating women in any manner are not presented;
xi. scenes involving sexual violence against women like attempt to rape, rape or
any form of molestation or scenes of a similar nature are avoided, and if any
such incidence is germane to the theme, they shall be reduced to the minimum
and no details are shown
xii. scenes showing sexual perversions shall be avoided and if such matters are
germane to the theme they shall be reduced to the minimum and no details are
shown
xiii. visuals or words contemptuous of racial, religious or other groups are not
presented
xiv. visuals or words which promote communal, obscurantist, anti-scientific and
anti-national attitude are not presented
xv. the sovereignty and integrity of India is not called in question;
xvi. the security of the State is not jeopardized or endangered
xvii. friendly relations with foreign States are not strained;
xviii. public order is not endangered
xix. visuals or words involving defamation of an individual or a body of
individuals, or contempt of court are not presented.

EXPLANATION: Scenes that tend to create scorn, disgrace or disregard of

rules or undermine the dignity of court will come under the term ''Contempt of
Court'' : and

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 MOVIE REVIEW ON UDTA PUNJAB

xx. national symbols and emblems are not shown except in accordance with the
provisions of the Emblems and Names (Prevention of Improper Use) Act,
1950 (12 of 1950)
3. The Board of Film Certification shall also ensure that the film

i. Is judged in its entirety from the point of view of its overall impact; and
ii. Is examined in the light of the period depicted in the films and the
contemporary standards of the country and the people to which the film relates
provided that the film does not deprave the morality of the audience.
4. Films that meet the above – mentioned criteria but are considered unsuitable for
exhibition to non-adults shall be certified for exhibition to adult audiences only.

5.
i. While certifying films for unrestricted public exhibition, the Board shall
ensure that the film is suitable for family viewing, that is to say, the film shall
be such that all the members of the family including children can view it
together.
ii. If the Board, having regard to the nature, content and theme of the film is of
the opinion that it is necessary to caution the parents / guardian to consider as
to whether any child below the age of twelve years maybe allowed to see such
a film, the film shall be certified for unrestricted public exhibition with an
endorsement to that effect.
iii. If the Board having regard to the nature, content and theme of the film, is of
the opinion that the exhibition of the film should be restricted to members of
any profession or any class of persons, the film shall be certified for public
exhibition restricted to the specialized audiences to be specified by the Board
in this behalf.
6. The Board shall scrutinize the titles of the films carefully and ensure that they are not
provocative, vulgar, offensive or violative of any of the above-mentioned guidelines.

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