It is not uncommon these days to witness the Freedom of Speech and Expression being sacrificed at the altar of hurt sentiments. Take for instance the Padmavati row. The Karni Sena would make us believe that the honor of Rajput women has been belittled by some of the scenes of the movie. But the fact of the matter is such acts of intimidation, for instance bounty on the head of Deepika Padukone and Sanjay Leela Bhansali has belittled the Article 19 of the Constitution. One after the other, state governments have called for a stay on the release of the film in their respective states. It is a clear abdication of their constitutional duty to uphold the right to freedom of speech and expression of individuals.
Arguments against Censorship:
Arguments favoring Censorship:
Way Forward:
The issue at stake is the credibility of Central Board of Film Certification (CBFC) as an organisation. In this regard, the recommendations of Shyam Benegal Committee that CBFC should only certify films and not censor them, needs to be implemented. The state should encourage free speech and censorship should be avoided. Mindless hooliganism by non state actors should not be tolerated. Filmmakers should also understand their moral responsibility and respect the religious and cultural sentiments of the people. Those found unwilling should be held accountable. A crucial balance between individual and community rights should be attained.
Arguments against Censorship:
- It stifles creativity and innovation, making way for a single narrative about a particular issue.
- It legitimizes acts of vandalism done by fringe elements and thus undermines Rule of Law.
- ‘Not being offended’ is not a right. Constitution and laws protect rights and freedoms, but not sentiments. Sentiments are personal and subjective. In a diverse country like India, it is difficult to choose a subject which wont hurt the sentiments of a community.
- In the digital age, Censorship is irrelevant.
- Historical narrative being reshaped without accountability can cause deep repercussions and violence in the society.
Way Forward:
The issue at stake is the credibility of Central Board of Film Certification (CBFC) as an organisation. In this regard, the recommendations of Shyam Benegal Committee that CBFC should only certify films and not censor them, needs to be implemented. The state should encourage free speech and censorship should be avoided. Mindless hooliganism by non state actors should not be tolerated. Filmmakers should also understand their moral responsibility and respect the religious and cultural sentiments of the people. Those found unwilling should be held accountable. A crucial balance between individual and community rights should be attained.
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