Censorship and Litigation
Virtually all of Anand’s films have faced State censorship. Several have also incurred the wrath of right wing fundamanentalists both in India and abroad. In keeping with the uneven nature of India’s democratic institutions and its sharply divided polity, bouquets have been accompanied by brickbats. Censorship has often led to successful litigation against the Central Board of Film Certification (CBFC) and against the national public broadcaster, Doordarshan (DD) for its refusal to telecast Anand’s films of its own volition.
Summary of Litigation history concerning Anand Patwardhan's documentary films
1975
CBFC (EC) Examining Committee: – Film shown underground during Emergency
“U” Certificate without cuts after Emergency ends.
Doordarshan National TV Network(DD) – Screens on DD in 1977-78. In 2001 under BJP rule DD steals footage for use in a pro-BJP film on Emergency
High Court (HC) – A case against theft of footage filed against DD.
Outcome – Film screened during Emergency underground in India and abroad from 1975 to 1977.
In 1977 after Emergency ends certified “U”. Screened on DD in 1978.
A case against DD for stealing footage from this film awaits hearing in the High Court
1978
CBFC (EC) Examining Committee – Asks for cuts
CBFC (RC) Revising Committee/Apellate Tribunal – “U” without cuts
Outcome – “U” certificate without cuts after letter from Satyajit Ray
1981
CBFC (EC) Examining Committee – Asks for cuts citing friendly relations with foreign states
CBFC (RC) Revising Committee/Apellate Tribunal – “U” without cuts
Outcome – Gets “U” Certificate without cuts after it is pointed out that the National Film Board of Canada distributes the film so obviously Canada is not that “upset”.
1985
CBFC (EC) Examining Committee – “U” without cuts
Doordarshan National TV Network(DD) – Rejects as “unsuitable for telecast”
High Court (HC) – Orders DD to telecast
Supreme Court (SC) – Upholds High Court verdict in 1989
Outcome – DD complies with the court order but broadcasts the film at 11 PM. The film runs past midnight.
1990
CBFC (EC) Examining Committee – Asks for cuts Grounds include:“law and order”
CBFC (RC) Revising Committee/Apellate Tribunal – “U” without cuts
Doordarshan National TV Network(DD) – Rejects as “unsuitable for telecast”
High Court (HC) – Orders DD to telecast at prime time
Outcome – DD complies with court order and the film is broadcast at prime time (9 PM) on DD Metro. No law and order problems reported from anywhere in the country.
1992
CBFC (EC) Examining Committee – Asks for cuts Grounds include:“law and order”
CBFC (RC) Revising Committee/Apellate Tribunal – “U” without cuts
High Court (HC) – Orders DD to telecast in 1997
Outcome – DD complies with the court. Film is broadcast at prime time (9 PM) on DD 1. No law and order problems result. Hindutva groups at home and abroad continue to threaten
1995
CBFC (EC) Examining Committee – Asks for cuts Grounds include:“law and order”
CBFC (RC) Revising Committee/Apellate Tribunal – Asks for one cut in Part 1. Gives “A” certificate for Part 2. Appelate Tribunal issues “U” without cuts for Part 1
Doordarshan National TV Network(DD) – Rejects telecast on grounds of “law and order
High Court (HC) – Orders DD to broadcast in 2001. After SC reverses the order a new bench of the High Court in 2004 again orders DD to broadcast within 6 weeks.
Supreme Court (SC) – Overturns the HC order but asks DD to review the film in 2001. After a second order from the HC, DD again goes in appeal in the SC.
Outcome – As ordered by SC, DD forms a review panel which unanimously recommends telecast but Prasar Bharati , headed by the Hindutva ideologue MV Kamath rejects the film and a new round of litigation begins. In August 2006 Supreme court rejects the appeal by DD and orders telecast within 8 weeks. DD National telecasts the film on October 8 2006 at 10 AM
2002
CBFC (EC) Examining Committee – Asks for 6 cuts Grounds include “law and order
CBFC (RC) Revising Committee/Apellate Tribunal – RC asks for total ban. Second RC asks for 21 cuts citing “ law and order” Apellate Tribunal reduces cuts to 2 but asks for 1 “addition”
Doordarshan National TV Network(DD) – Submitted to DD for telecast following National Award in 2004
High Court (HC) – Orders CBFC to grant “U” without cuts
Outcome – CBFC complies with the court and issues a “U” certificate in April 2003. Film is screened widely across the country without facing any “law and order” problems. No response from DD to offer of telecast. Legal action contemplated. Finally DD National agrees to telecast the film at 10.30 AM on Sunday Oct 15th 2006
