The principles in this case should be clear. It is plain that the CBFC's job is to examine a film and then to certify it so that cinema-goers can then decide whether or not they want to watch it. This was the spirit underlying the report of a committee headed by Shyam Benegal on the reform of the CBFC. Its interim report, submitted to Information & Broadcasting Minister Arun Jaitley on April 26, suggested that the scope of the CBFC "be restricted to categorising the suitability of the film to audience groups on the basis of age and maturity". But, under the CBFC's current chairman, Pahlaj Nihalani - appointed by the National Democratic Alliance government, the board has in fact moved in the opposite direction. Ironically, his own movies have hardly been models of good taste.
Perhaps his most important qualification is that he is a devotee of Prime Minister Narendra Modi.
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Given Mr Nihalani's openness with respect to his political motivations, it is unsurprising that the question of cuts in Udta Punjab, which should be simple, has taken an overtly political turn. After all, assembly elections are approaching in that state, in which the Bharatiya Janata Party is in power, in coalition with the Shiromani Akali Dal. The movie is about the drug problem in Punjab; and that is one of the major issues in the election campaign. It is hard to see the CBFC's attitude to Udta Punjab, given this context, as being completely divorced from the politics of the state.
While it is promising that the makers of this film, and others in the movie industry, have spoken up against the CBFC's over-reach, it is also true that Mr Kashyap has not covered himself with glory. There is nothing wrong with making a political film. Mr Kashyap himself has made them in the past; he should own the fact that this one is, too. Indians have every right to make and watch films which have an overt political message, as long as they do not provoke violence.
It is fortunate thus that Mr Jaitley, speaking on Friday, promised "some very radical changes" to the way in which the CBFC operates. "Certification norms will have to be liberal", he said, which is exactly the right line to take. He also pointed out that there is a tribunal which can overrule the CBFC's decision. The Bombay High Court is also examining the matter, and has already reminded CBFC that its primary job is to certify films. While hopefully this intervention will allow Udta Punjab to be released as the film-makers intended, Mr Jaitley should be held to his promise to change the entire institutional structure of certification so that such problems do not recur.