Censor Board from Banana Republic

Who Really Decides What You Watch? The Truth About India’s Movie “Censor” Board

I. Introduction:

Are You an Adult—or Still Treated Like a Child?

Censorship of movies often go unnoticed. Have you ever wondered why certain scenes disappear from movies, or why films come with unexpected cuts and disclaimers—even after being “approved”? The answer lies with India’s Central Board of Film Certification (CBFC). Officially, this body certifies films for public viewing, deciding which age groups can watch them. But in reality, it often demands cuts and modifications, censoring stories before they reach you. No wonder everybody calls it Censor Board and not Certification Board. Recent legal battles around films like Udaipur Files, The Kashmir Files, The Kerala Story, and Janaki vs State of Kerala reveal a disturbing truth: this “certification” often hides censorship, suppressing creative freedom and your right to choose what to watch.

At the same time, the Government of India—through Prime Minister Narendra Modi—promises “Minimum Government, Maximum Governance” in nearly every public speech. But how does that square with a censor board acting like the “Censor Board of a Banana Republic,” arbitrarily controlling films in violation of law and democratic principles?


II. What the Law Says—and How It’s Ignored

What the Cinematograph Act, 1952 says:

  • The CBFC’s job is to classify films according to age-appropriateness (U, UA, A, S).

  • It can refuse certification only if a film threatens sovereignty, decency, security, or public order.

  • The Central Government can issue broad guidelines but cannot instruct the CBFC to censor films for political or moral reasons arbitrarily.

  • Once the CBFC certifies a film, its decision should be final. Post-certification interference is unlawful.

What happens in reality:

  • The CBFC frequently demands cuts or alterations before certification—and sometimes the Government pressures post-certification changes.

  • Films like Udaipur Files, The Kashmir Files and The Kerala Story faced bans, multiple legal challenges, and official edits after certification.

  • This practice overrides the legal protections intended to safeguard free speech and creativity.


III. When Courts Stepped In: Defending Freedom of Expression

India’s courts have consistently held that artistic freedom and free expression are constitutionally protected:

  • In the Kashmir Files cases, the Bombay High Court and others dismissed pleas to ban the film, emphasizing the importance of free speech unless the certification process itself was violated.

  • In Janaki vs State of Kerala, the Kerala High Court sharply curtailed the CBFC’s excessive demands—reducing 96 demanded cuts to just two, protecting the film’s integrity.

  • The Delhi High Court, in the recent Udaipur Files case, struck down government orders for post-certification cuts, reaffirming that certification decisions must be final.

But these verdicts highlight a sad reality: filmmakers must approach courts repeatedly to safeguard their work from Censor Board —and by extension, your right to choose.


IV. The UK Model vs. India: Trusting Viewers, Respecting Creators

In the UK, films are classified and rated by the British Board of Film Classification (BBFC), which intervenes only when a film clearly breaks laws. After rating, no further government censorship occurs. Guidelines are public and transparent, building trust with artists and audiences alike.

IssueIndia (CBFC)UK (BBFC)
RoleOften censors under the guise of certificationCertifies and classifies honestly
Post-certification powerGovernment can order cuts even after approvalNo interference after rating
TransparencyVague, inconsistentClear, published, consistent
Respect for FreedomFrequently compromisedActively respected

India needs to move from secretive censorship to transparent certification, honoring democratic values. It needs to censor the Censor Board.


V. The Political Contradiction: “Minimum Government” vs. Maximum Censorship

Prime Minister Narendra Modi’s widely repeated promise of “Minimum Government, Maximum Governance” sounds empowering. Yet, the CBFC’s heavy-handed regulation contradicts this vision—reflecting a “Banana Republic” style of arbitrary censorship. This mismatch is no harmless irony but a significant democratic failure that silences voices, undermines trust, and restricts creative freedom.


VI. What Needs to Change—and What You Can Demand

  • Clear, public, and fair rules for film certification—not censorship disguised as certification.

  • No post-certification cuts or censorship, except in extremely rare, objectively justifiable cases.

  • Transparency in decision-making with reasons publicly disclosed.

  • Regional panels empowered to understand local contexts better.

  • A CBFC that trusts both creators and audiences, living up to India’s constitutional values.


VII. Conclusion: Certification or Censorship—India Must Choose

India’s CBFC currently functions as a censor board dressed in certification’s clothes—trampling constitutional freedoms and ignoring Supreme Court and High Court rulings. The Government promises minimal interference, yet the censor board wields excessive power unchecked by transparency or fairness.

The recent court victories for Udaipur Files, The Kashmir Files, The Kerala Story, and others show the resilience of free speech. But relying on repeated judicial rescues cannot be the norm. India must reform its film certification system and restore trust in democracy, creativity, and your right to decide what stories you want to see.

Until then, the question remains: Are we really citizens entitled to choose freely, or subjects under the control of an overreaching whimsical “Censor Board of a Banana Republic”?

Certification or Censorship of Movies in India

The Legal Fiction of Film Certification

CBFC, Censorship, and the Cinematograph Act

The Central Board of Film Certification (CBFC) is often called India’s “censor board.” That term is misleading. The Cinematograph Act, 1952 empowers the CBFC to certify films for public viewing. In practice, the CBFC often asks for cuts, disclaimers, or changes. This amounts to censorship, not just certification. This contradiction came up strongly during the Delhi High Court’s recent review of the government’s actions in the Udaipur Files case. The official trailer is here:

Statutory Framework: What the Law Permits

CBFC’s Legal Role

  • Section 4: The CBFC examines and certifies films. Films fall into categories—U, UA, A, or S.
  • Section 5B(1): The CBFC can refuse certification if a film harms sovereignty, security, public order, decency, or morality.
  • Section 5B(2): The Central Government can issue guidelines about certification. These do not allow censorship.
  • Section 6: The Centre can review films before certification. It can direct re-examination or refuse to certify. It cannot do this after certification.

What the Law Forbids

  • The Centre cannot order edits or modifications in revisional jurisdiction after the CBFC certifies a film.
  • The CBFC is meant to certify films, not censor them. It may suggest changes only before granting certification.

Judicial Scrutiny: The Udaipur Files Case

In July 2025, the Delhi High Court heard a challenge to the Centre’s post-certification order. The Centre in revisional jurisdiction wanted six cuts in Udaipur Files, which was already certified. The Court said:

“You’ve issued directions beyond what the Certification Board had done. That’s not permissible.”

Key Legal Issues:

  • The Centre’s order went beyond its legal power under Section 6.
  • The cuts after certification broke the rule of finality.
  • The Centre’s move raised free speech concerns under Article 19(1)(a).

Comparative Insight: The UK BBFC Model

The UK also regulates films. The British Board of Film Classification (BBFC) focuses on certifying, not censoring.

FeatureCBFC (India)BBFC (UK)
Legal BasisCinematograph Act, 1952Video Recordings Act, 1984 (amended in 2010)
Core FunctionCertifies filmsClassifies films and gives ratings
Censorship Powers?Demands edits before certifyingCuts only if film breaks UK law of obscenity or hate speech
Post-certification interferenceCentre may order new cutsBBFC makes no further changes after rating
Legal EnforcementCertification is mandatoryRatings for home video are legally binding
TransparencyVague guidelinesPublished, clear, and consistent guidelines

 

Lessons from the UK:

  • BBFC only censors if a film breaks a law.
  • Cinema ratings are advisory, but respected.
  • Video ratings are a legal requirement.
  • The government does not demand edits after the BBFC gives a rating.

Possible Reforms for India:

  • Lay down clear, public rules for certifying films.
  • Limit government actions after certification to rare, legal cases.
  • Allow regional panels to make some decisions.
  • Make reasons for all decisions clear and public.

Conclusion: What Certification Means

The CBFC’s job is to certify films. The law does not allow the CBFC or Centre to order edits after certification. Doing so goes beyond their legal power and risks breaking the Constitution. The Delhi High Court’s view in the Udaipur Files case supports this.

The BBFC model shows a better way. It helps protect creative freedom and keeps legal rules clear. India must choose if it wants to certify films, or keep censoring them in disguise.

Appendix: Landmark Cases on Film Freedom

  • A. Abbas v. Union of India (1970): Pre-censorship can only happen with good reason. Art is protected speech. Yet in this case the challenge to the movie release was in effect a demand for pre-censorship.
  • Rangarajan v. P. Jagjivan Ram (1989): Free speech can’t be stopped just due to fear of unrest unless real danger exists. This was directly an issue raised before court in Udaipur Files case.
  • Indibily Creative Pvt. Ltd. v. Union of India (2020): CBFC can’t demand cuts not allowed by law. Certification must follow law, not personal morals. Yet this is what CBFC does in every case including Udaipur Files.
  • A. Picture International v. CBFC (2015): CBFC must certify, not censor. Any changes must be legally justified.

Insight: These rulings show that film regulation must be lawful, fair, and protect artistic freedom. Overreach by the CBFC is both bad policy and unconstitutional.