Recently, the Bombay High Court emphasised that creative freedom of expression cannot be restricted due to fears of potential law and order issues.
The Bombay HC rebuked the Central Board of Film Certification (CBFC) for its failure to decide on issuing a certificate to the Kangana Ranaut-led film Emergency. A bench comprising Justice B.P. Colabawalla and Justice Firdosh Pooniwalla ordered the CBFC to decide by September 25, 2024.
The court expressed dissatisfaction with the CBFC’s delay and questioned whether the board believed that the Indian public is easily influenced by films. The court further questioned the allegations that political motives were behind the delay in certifying the film, pointing out that Ranaut is a BJP MP herself.
Kangana Ranaut, who directed and Co-produced Emergency, had accused the CBFC of stalling the certification process earlier. The Film, originally set for release on September 6, has faced opposition from Sikh organizations, including the Shiromani Akali Dal, for allegedly misrepresenting the Sikh community and historical facts.
During the proceedings, the CBFC, represented by Senior Counsel Abhinav Chandrachud, informed the court that the film had been referred to the revising committee, citing concerns over potential public disorder. However, Senior Counsel Venkatesh Dhond, representing Zee Entertainment Enterprises, accused the CBFC of delaying the certification to prevent the film’s release before the October elections in Haryana.
The court criticized the CBFC’s failure to comply with its earlier directive and for passing the matter between departments without resolving it. Justice Colabawalla also questioned why society has become overly sensitive to depictions in films, stating “We don’t see why people are so sensitive. My community is made fun of all the time in movies. We don’t say anything. We just laugh and move on”, pointing out that humour and satire are integral to creative expression.
The High Court concluded that the CBFC must complete its certification process by September 25, stating that the board cannot withhold certification due to potential law and order concerns, which would undermine both creative freedom and freedom of expression.