The controversy over Kamal Hasaan’s film has had one salutary effect. The Centre has set up an eight member panel headed by former High Court Chief Justice Mukul Mudgal to review the powers of the Censor Board and suggest measures to enable it to deal with ‘contemporary requirements of certification’. The panel includes Sharmila Tagore and Javed Akhtar and will submit its report within two months. Its terms of reference provide for examining the role of the Central government vis-à-vis the powers of state governments in allowing exhibition of films. Certification of films for exhibition comes within the domain of the Centre according to the Union List of the Constitution. The State List gives the state governments powers relating to dramatic performances and cinemas. “Vishwaroopam” had certification from the Central Board but the Tamil Nadu government had held back its release until February 7 due to law and order concerns. The new panel will also review the process of certification for broadcasting on TV and radio.
The decision implies that the Censor Board is often unaware of the impact that a controversial film may have on a community and the special mindsets in states. It is generally preoccupied with cutting scenes which it considers militating against Indian values. Whether or not the panel can make the Censor Board aware of state-specific constraints remains to be seen. It may be a good idea if the Censor Board consults state governments and leaders of communities before clearing a controversial film. Of course, the entire fuss is unimportant as Amartya Sen said. It distracts attention from basic issues like the rich and poor divide. Is there any difference between a Hindu BPL and a Muslim BPL? The motivation behind making a controversial film should also be under scanner.