CRE for 19-10-22

Cine Art Productions Ltd., a film production company, made a film titled “Vengeance” which
was based on a true story about a woman from the remotest parts of the State of Jharkhand
who was raped and brutalized, and who subsequently became a member of a violent criminal
gang as a means of revenging herself upon society.

The film contained explicit scenes of rape, nudity (used while portraying scenes of acute
torture and while the protagonist was being paraded naked before the entire community) and
use of abusive words as well. The Censor Board indicated that it would grant the film an “A”
certificate (films considered suitable for exhibition restricted to adults only) in terms of the
Cinematograph Act, 1952 (the Act) but only on the condition that certain scenes were deleted
or modified.

The Act stated that “a film shall not be certified for public exhibition if, in the opinion of the
authority competent to grant the certificate, the film or any part of it is against the interests
of, inter alia, decency”. In addition, in 2015, the Indian Government had issued guidelines in
terms of the Act which stipulated that film certification must ensure that “artistic expression
and creative freedom are not unduly curbed” and that “certification is responsive to social
change”. The guidelines also obliged the Censor Board to ensure that “human sensibilities
are not offended by vulgarity, obscenity or depravity” and that “scenes involving sexual
violence against women like attempt to rape, rape or any form of molestation or scenes of a
similar nature are avoided” and should be kept to a minimum if absolutely necessary.

As a result of the condition that certain scenes be deleted or amended, the order of the Censor
Board was appealed to the Appellate Tribunal (the Tribunal). The Tribunal held that the
impugned scenes and the use of vernacular slurs was permissible and added that “to delete or
to reduce these climactic visuals would be a sacrilege.” By a unanimous order of the
Tribunal, an “A” certificate was granted to the film without requiring deletion or modification
of any scenes.

The film was first screened at a film festival and was opened for public viewing. One Ratan
Munda, a member of the specific community portrayed in the film, filed a petition before the
Delhi High Court seeking the quashing of the “A” classification and a restraint on the
exhibition of the film in India on the grounds that the portrayal of the main character was
“abhorrent and unconscionable and a slur upon the womanhood of India.” He also claimed
that the film portrayed his community in a depraved way and lowered his self-respect. Munda
submitted that his rights under articles 14 (right to equality) and 21 (right to life and personal
liberty) of the Constitution had been infringed.

The Court quashed the “A” classification, and ordered the Censor Board “to consider the
grant of an ‘A’ certificate to it after deleting and modifying the obscene scenes”. In addition
the Court granted an injunction against the screening of the film until a fresh certificate had
been issued. It held that “the scene of violent rape was disgusting and revolting and it
denigrated and degraded women” and that the scenes of nudity were “indecent”.

Cine Art Productions then appealed before the Supreme Court challenging the order of the
Delhi High Court.