New Delhi, Oct 10: In an effort to check arbitrary bans on films, a central panel has recommended that states should not be allowed to invoke law and order reasons to stop screening of motion pictures and instead approach a tribunal.
An empowered committee headed by Justice Mukul Mudgal, former chief justice of the Punjab and Haryana high court, has suggested that the Film Certification Appellate Tribunal (FCAT) be strengthened to act as a grievance redress mechanism.
In seeking to curb use of law and order as a plea to ban films despite the subject falling squarely in the domain of the states, the panel has argued that primacy must be accorded to the Cinematograph Act's powers to certify films.
The committee was established in February to look into the controversial issue of banning films in the aftermath of Tamil Nadu's decision to ban Kamal Hasan's 'Vishwaroopam', following the opposition of a section of a community. The state government promptly cited law and order concerns to stop exhibition of the film.
The panel also expressed strong concern on another matter that regularly kicks up controversy - criticism that members on advisory panels of the Central Board of Film Certification are often ill-qualified besides being political appointees.
The panel has recommended that censor board members should have some expertise in the arts, culture or any other professional field.
The report — submitted to I&B minister Manish Tewari on Wednesday — recommended that as far as films are concerned, the Cinematograph Act should be paramount. It suggested amendments to the Act so that if a state government or an individual or institution raised objections, they could approach FCAT instead of courts of law.
Given the sensitivity of states over federal issues, particularly with regard to law and order, it remains to be seen how far the Centre can go to accept the recommendation to amend the Cinematograph Act.
"The states' powers to maintain law and order are independent. But we believe that once a film has been certified, it should be allowed to be screened. If there are concerns or objections, an avenue can be created through the FCAT that will provide a quick resolution rather than an indefinite stay that plays havoc for the filmmakers and aggrieved parties," a source said.
Sources said the panel has backed increasing the powers of FCAT to hear cases other than those of filmmakers. As of now, only a film's producer or director can approach the tribunal.
The committee has also sought a uniform law for screening of films in theatres and on TV.
Sources said the Mudgal committee suggested that all promotional material including videos, posters and flyers be certified. "There is provision for certification of videos but now we have increased the ambit to include all promotional material," a source said. Posters and other material can be certified by an industry body, the report suggested.
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