Cuts and ratings: On the CBFC, Parasakthi and Jana Nayagan

Popular films that raise uncomfortable political questions or involve actors with stakes in active politics seem to invariably get caught up in issues related to certification and release. The controversies surrounding the release of two Tamil films, Parasakthi (a historical-fictional retelling of events coinciding with the anti-Hindi agitation in Tamil Nadu in the 1960s) and Jana Nayagan (featuring actor-politician Vijay), are cases in point. Their releases have again highlighted the need for procedural reforms in India’s certification process to allow creative expression to flourish within constitutional limits rather than being subject to ad hoc restrictions. The case of Parasakthi, with its numerous cuts suggested by the Central Board of Film Certification (CBFC) in a rushed manner to meet its release date, raises concerns about the possible suppression of historical narratives. The CBFC is mandated to check content against issues such as integrity of the state and public order according to the Cinematograph Act. But changes to and removal of dialogues and scenes that pertain to a pivotal chapter in Tamil Nadu’s political and India’s history of federalism, suggest possible over-censorship. Freedom of expression makes it imperative that such cuts must be reasoned and done in a manner that ensures that film-makers have adequate time to negotiate them than under duress. After all, the certification framework is designed to safeguard, and not stifle, creativity.

The travails of the producers of Jana Nayagan, a high-budget film also timed for release during the Pongal festival, highlight the other peril of an ad hoc approach in the certification process. Despite the CBFC’s Examining Committee’s initial recommendation of a “UA 16+” certificate, the Chairman’s decision to refer the film to a Revising Committee just days before its scheduled release, ostensibly due to fresh objections by an Examining Committee member, showed a disregard for the economic realities of film-making. While the Cinematograph (Certification) Rules, 2024, technically empower the Chairman to intervene, exercising such powers at the last minute appears arbitrary, as this affects producers and distributors who bank on the Pongal period to maximise returns. The release has been delayed after a Madras High Court Division Bench stayed a Single Judge’s order to issue the certificate, holding that the urgency of a release date cannot act as pressure to deny the Board an opportunity to file its counter-affidavit. While this accords with legal procedure, it has also prevented timely legal recourse for the producers. As actor-politician Kamal Haasan has argued, clarity on regulation and certification is a must for unconstrained creativity and related economic activity. The CBFC must institute greater transparency and establish clearer timelines in its certification processes.