Delhi HC allows release of film Mohalla Assi with Adult Certificate

The Delhi High Court yesterday allowed the release of the film Mohalla Assi with one cut and adult certification, setting aside the order of Central Board of Film Certification (CBFC), which had declined to issue a certificate for exhibition of the film..Mohalla Assi is based on a popular Hindi Novel Kashi Ka Assi authored by Kashinath Singh. It is stated to be a satire on the globalization of the pilgrimage city of Varanasi and the challenges that the city and its culture may face due to sweeping changes brought in by liberalization..CBFC had refused to grant a certificate for the film stating that,.“The movie is full of abusive words, derogatory remarks against a particular community, inflammatory speeches, political linkups, sentiments are hurting for a particular local area, abusive words against women, hence refused for certification as it may hurt the feelings of community, law and order problem etc. under guidelines, under Section 5(B) 2(ii)(vi)(vii)(ix)(xii)(xviii) and 3(l) (of the Cinematograph Act).”.This prompted the producers of the film to approach the Revising Committee, which again refused to grant a certificate saying that freedom of speech and expression have been misused and abused under the garb of ‘so called’ art..Thereafter, the producers filed an appeal before the Film Certificate Appellate Tribunal (FCAT), which suggested 10 cuts in the screenplay and also directed that a disclaimer be shown at the beginning of the film for 10 seconds clearly stating that,.“The views expressed by individuals in the film are solely their own views and the same are not intended to hurt/defame any person, caste, community, religion, institution, organization or nationality.” .The FCAT held that the film deals with both political and religious issues that are sensitive in nature, and therefore, the film in its present format may require certain modifications..Finally, the makers of the film approached the High Court. During a private screening, the film was viewed by the Court in the presence of the petitioner, officials of the respondent and the respective counsel..Appearing for CBFC and FCAT, Advocate Suparna Srivastava contended that though the film is based on a novel and the novelist has been awarded the Sahitya Akademi Award, the novel and the script of the film differ hugely in their impact. She said,.“The film (audio/ video) is short, dramatic with a heavy sensory effect. Films have the ability to explore the dramatic possibilities of single words and words added in succession whereas novel build on the drama and give the reader time to reflect.”.The Single Judge Bench of Justice Sanjeev Sachdeva cited several cases which dealt with the issue of film certification, including the case of Udta Punjab. The judge then compiled a list of principles which emerged from analysing the said judgments. Some of these principles are as follows:.Dissent in all walks of life contributes to the evolution of society. Those who question unquestioned assumptions contribute to the alteration of social norms. Democracy is founded upon respect for their courage. Any attempt by the State to clamp down on the free expression of opinion must hence be frowned upon.Films which deal with controversial issues necessarily have to portray what is controversial.Stability in society can only be promoted by introspection into social reality, however grim it be.Adult Indian citizens as a whole may be relied upon to comprehend intelligently the message and react to it, not to the possible titillation of some particular scene..The Bench also observed that,.“The story revolves around the cultural degradation, that is threatening present day Banaras and issues that needs to be looked into. The FILM depicts that India is going through times of turbulence. The FILM depicts how the several characters of the FILM come to accept the realities of their existence and time. The FILM is a story of the Cultural and Spiritual capital of India-Banaras and its Mohalla Assi.”.The Bench then proceeded to deal with each of the cuts proposed by the FCAT and ultimately set aside 9 out the 10 proposed modifications..A modification proposing to delete a cuss word said by man dressed as Lord Shiva was sustained. The disclaimer asked to be put at the beginning of the film was also sustained, and the CBFC was directed to issue an ‘A’ certificate within a period of one week..Read Judgment:.Image taken from here.