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The court said denying certification to 'Manushi' without specifying problematic scenes violates a filmmaker’s right to free expression.
The Madras High Court on Wednesday came down heavily on the Central Board of Film Certification (CBFC) for denying a certificate to the Tamil film Manushi, produced by National Award-winning filmmaker Vetri Maaran, without specifying which scenes it found objectionable.
Justice N Anand Venkatesh, presiding over the matter, observed that filmmaking is a constitutionally protected form of free speech and expression. “You cannot deny certification for an entire movie without specifying the objectionable portions and expect a filmmaker to shoot the entire movie afresh,” the judge said.
According to Live Law, the court directed the CBFC to either point out the contentious scenes in writing or view the film with its producers and clearly identify the objections. The case has been adjourned for a week while the Board takes further instructions.
The petition was filed by Vetri Maaran, whose Grassroot Film Company produced Manushi. The filmmaker told the court that he applied for certification on 11 September 2024, but after screening the film, the CBFC’s regional officer rejected it without offering a personal hearing.
Maaran said the film was then referred to the Revising Committee, which also refused certification, citing that the film was "against the integrity of the State, contemptuous of certain community group and defaming the policies of the Government."
This decision too, he argued, came without a hearing. He further contended that the process violated the Cinematograph Act and amounted to a “blanket order” that was “manifestly arbitrary” and unconstitutional. “The filmmakers are already suffering from a lot of difficulties,” the court noted, adding that such non-specific rejections would create undue hardship.
Maaran also expressed willingness to edit the film if specific objections are clearly laid out, as long as they are shown to exceed his right to free expression under Article 19 of the Constitution. He has asked the court to direct the CBFC to issue a speaking order after re-examining the film.