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http://cities.expressindia.com/fullstory.php?newsid=194567
Film-makers win battle against NFA censorship
Festival screenings can go on without Censor Board certificate
Georgina Maddox
Mumbai, July 27: It wasn't high drama at the courts but a filmy matter
did get sorted out for he better. A Bombay High Court division bench
ruled on Thursday that films can be shown at festivals without a
censor certificate, adding that films screened at such fora could be
in other formats, too, and not necessarily on 16mm and 35mm film.
The judgment, delivered by the bench comprising Justice F I Rebello
and Justice V K Tahilramani, is being hailed as a victory of sorts for
the creative and artistic community, who have long been championing
the cause of freedom of expression.
Now, the case: The National Film Awards (NFA) versus documentary
filmmakers Gaurav Jani, Anand Patwardhan and Simantini Dhuru.
The judgement: It upholds Article 14 of the Constitution—freedom of
speech and expression—over NFA's writ policy for rejecting films on
the grounds that they did not meet section (d) and (e) of their
eligibility criteria.
In May 2006, when the new eligibility criteria for the NFA were
announced, section (d) and (e) shocked filmmakers. Under section (d),
formats like digital and video could no longer compete for NFA, unless
they were converted to film format, which would cost around Rs 25
lakh.
Under section (e), the filmmakers required a certificate from the
Censor Board of Films.
According to human rights lawyer P A Sebastian, who represented the
filmmakers, ''After we filed a writ petition in court, the NFA agreed
to lift section (d). However, they insisted on upholding section (e).
But the court has struck that down, too.''
Patwardhan, known for films like Father, Son and Holy War, War and
Peace, Images You Did Not See, told Newsline from Hyderabad: ''This
case has been fought in the name of three people but it will touch all
documentary and even fiction filmmakers, who can now enlist their
films for the NFA without a censor certificate. We had the backing of
almost 30 documentary filmmakers from all over the country,'' he says.
The petitioners also pointed out that film festivals like the
government-sponsored Mumbai International Film Festival (MIFF) has run
for 14 years without a censor certificate requirement, and the
government has recently adopted a policy document which enables it to
exempt even more film festivals from the purview of censorship.
''It is discriminatory to insist that a small, government-appointed
jury at NFA cannot view uncensored films,'' adds Dhuru (Narmada Bachao
Andolan).
Justice Rebello even recommended that once a film is adjudged by the
NFA jury, it should be made available to all delegates, journalists
and peers of the filmmakers.
http://www.hindu.com/thehindu/holnus/009200607280922.htm
HC strikes down censor requirement for national film awards
Mumbai, July 28 (PTI): In a victory for independent film makers, the
Bombay High Court on Thursday struck down the censor certificate
requirement for all films competing for the National Film Awards.
Upholding the arguments of filmmakers Anand Patwardhan, Gaurav Jani
and Simantini Dhuru, the court quashed the censor requirements for the
National Film Awards.
The petitioners had demanded the requirement of a censor certificate
for a film to compete in the National Film Awards should not be a pre
condition and also sought removal of the condition that only films
released on celluloid be allowed to compete for the awards.
"During the pendency of petition itself the government conceded to the
demand that digital and video films be allowed to compete for the NFA
in their original format, but did not agree to the demand for removal
of censor certificate requirement," advocate for the petitioners P A
Sebastian said here.
"Our argument was that if a censor certificate is not required for
international film festival which is organised by the I&B ministry,
then why should it be a pre condition for National Film Awards. This
amounts to discrimination, and is in violation of Article 14 of the
constitution," he said.
The petitioners also argued that since only the jury judging the
entries for the NFA would watch the films there should be no
requirement for a censor certificate and they should be allowed to see
the original version.
Reacting to the judgement, film maker Anand Patwardhan said "this is
just a small step in our endeavour to make the entire system more
flexible and open and less discriminatory."
FOR MORE POSTS on documentary film in India:
http://groups.yahoo.com/group/docuwallahs2
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