Opposing the proposed Draft Cinematograph (Amendment) Bill, 2021, Tamil Nadu Chief Minister M K Stalin on Tuesday said the legislation goes against the “spirit of cooperative federalism” and “transgress” the powers of state governments and the Central Board of Film Certification (CBFC).
In a letter to Union Law Minister Ravi Shankar Prasad, Stalin demanded the withdrawal of the proposed amendments to the Cinematograph Act, 1952 and allow functional autonomy of the CBFC so that India remains a progressive nation, where creative thinking blossoms without fear or favour.
Stalin said he wrote the letter after apprehensions about the proposed legislation were brought to his notice by the members of the Tamil film fraternity.
“The draft Bill has given rise to serious apprehensions not only in the minds of the film fraternity and film industry but also among all well-meaning sections of the society that cherish freedom of expression,” he said in the letter.
The proposed amendments to the Cinematograph Act seeks to restrict “adequate space for creative thinking and artistic freedom” by restoring the revisionary powers of the Union Government that were struck down by the Supreme Court two decades ago.
The CBFC accords certification to the films if they meet all the criteria mentioned in section 5(a) of the Cinematograph Act, which also provides for rejection of certification for a film on certain prescribed valid grounds.
Following the prescribed guidelines and procedures, if a film is certified for public viewing by the CBFC, it falls within the domain of the state governments first and hence, it must be left to the States as the law and order is a state subject, Stalin said.
“But now, the Union Government, by the proposed Act tries to go against the spirit of cooperative federalism and transgress the powers of the State Governments and its own Central Board of Film Certification,” he said.
The chief minister said the draft amendments, restoring the “revisional power” to the Centre after it is certified by the CBFC, is a misuse of the “reasonable restriction” clause under Article 19(2) of the Constitution of India and the amendment itself is against the “spirit of promoting rightful thinking” in civil society.
“Curbing the creative thinking of the Film Fraternity and imposing conditions on them on how films are to be made are totally unjustified and in fact, it is quite opposite to the very ideals of our Constitution. Taking away the right to freedom of thought will only weaken our democracy, which has to be vibrant always irrespective of the parties in power,” he added.