'Udta Punjab' gets HC nod with one cut, modified disclaimer

The Bombay High Court today cleared the decks for the release of movie 'Udta Punjab', whose makers were locked in a dispute with the Central Board of Film Certification, after ordering deleting a urination scene and displaying a revised disclaimer.

The court also came down heavily on the CBFC and asked it not to act like a "grandmother", and change with times. A division bench of Justices S C Dharmadhikari and Shalini Phansalkar-Joshi directed the CBFC to certify the drug-themed film within 48 hours to enable the makers to release it on its scheduled date of June 17.

"Barring the deletion of the urination scene as directed by the board and modification of the disclaimer, the June 6 order passed by the CBFC's revising committee directing for a total of 13 changes in the movie is quashed and set aside," the court said.

The bench, however, refused to stay its order on a plea made by CBFC counsel Advait Sethna to enable the board to appeal against it in the Supreme Court, saying the filmmakers have already spent a lot on the movie and its promotion and distribution.

The court, which was hearing a petition filed by Anurag Kashyap's Phantom Films challenging the CBFC order, came down heavily on the board for curbing a creative person's work.

"Do not act like a grandmother. Change as per the times now. The CBFC need not be over-sensitive in the matter of art. The CBFC cannot stop creative people abruptly as it may discourage them. This will kill creativity. These days filmmakers are brutal, direct and straightforward. One need not treat them harshly just because of this," the HC said.

The court further noted that the CBFC is not empowered by law to censor films, as the word censor is not included in the Cinematograph Act.

"Censor in common parlance means to certify a movie. Therefore, if by law the board is empowered to make changes, cuts, or deletions, this power of the CBFC must be consistently in consonance with the provisions of the Constitution and the Supreme Court directions," Justice Dharmadhikari said.

As per the revised disclaimer, the 'Udta Punjab' makers will have to delete reference to Pakistan. They will also have to make additions to the disclaimer to the effect that the movie, its characters and the filmmakers do not promote the use of drugs and abusive language, and that the film is only attempting to depict the reality of drug abuse.

On cutting out the urination scene, Justice Dharmadhikari said, "The CBFC is justified in directing deletion of the scene as the shot was unnecessary given the backdrop and the theme of the movie. Instead of this particular scene, the filmmaker could have taken recourse to other methods to depict the same."

The court noted that it has read the film's script and does not find anything in it that shows Punjab in a bad light or affects the sovereignty, integrity or security of India.

"It is undisputed that the CBFC possesses powers to call for cuts, changes, deletions in a movie while certifying it. These powers come into play if the film affects the sovereignty, integrity or security of India, foreign relations, public order, and or is likely to incite commission of an offence. There is a heavy burden on the authority to show that the restrictions imposed are reasonable," the bench observed.

In the present case, the CBFC-imposed restrictions were not correct. The movie has to be seen as a whole and it was not permissible to take the characters, scenes and songs in isolation and out of context, the judges said.

"It is open for a creative person to select the background, setting and accordingly weave the story. It is entirely on the creative person to choose the setting, pattern, underlying theme and storyline.

"Creative freedom allows use of certain words as per the choice of the filmmaker. Nobody can dictate to him as to how the movie should be made or its content," the court said.

The bench said it was in agreement with the petitioners that there was an increasing menace of drug abuse amongst the youth in Punjab.

"The film is meant for adult viewing. If a maker chooses this way of depicting the movie and a subject, then it is not for anybody to restrict it. Like the CBFC, even we would be happy if better words were coined and used by the filmmaker," the judges said.

The court said one must not forget that the movie is a work of fiction.

On the board's direction to the movie makers to delete all scenes where expletives have been used, the court said that the dialogues have to be seen wholly and not in isolation.

"Such blanket deletion without reference to the theme and subject of the film is bound to interfere with the creative freedom of the petitioner. The petitioners have used such language as they feel that people from that particular strata of society used such language ordinarily," the HC said.

On deletion of the use of the words, 'Election, MP, MLA, Parliament, Party Worker and Punjab', the court said, "These are general words and the film does not talk about any particular person or party."

The court also rejected suggestions that the film was made with an eye on Punjab elections, saying" It is common knowledge that elections are round the corner in several states. 'Udta Punjab' is not made keeping in mind the upcoming elections in Punjab or with any political propaganda."

CBFC chairman Pahlaj Nihalani had recently alleged Anurag Kashyap, who has co-produced the film had taken money from Aam Aadmi Party to show the state in poor light.

Nihalani, in the eye of the storm over the film, had yesterday said the censor board had cleared the film with 13 cuts after certifying it under 'A' category, meant for viewing only by adult audience.