Under present law, public is not given right to Appeal against Censor Board Certificate. Only producer can Appeal

At present, under Cinemetrograph Act, as per my reading of the Act, if a person applying for Censor Board Certificate is aggrieved by any orders of cutting scenes or refusing certificate, he can apply to Appellate Tribunal.

But Common man does not appear to have been given a right to challenge a Certificate of Censor Board before any Tribunal.

This is lacuna in law.

A common man can go to High Court or Supreme Court by way of writ petition. But here Court may say, "The people sitting in Censor Board are expert on the Film subject. How can we substitute our decision in place of their decision?"

It means that the person going to High Court or Supreme Court can satisfy Court to interfere only if he produces Opinion of some well known experts on film industry to suggest that Certificate is wrongly given or that certain scenes ought to be cut.

Haresh Raichura
31/12/14


Copyright : Haresh Raichura 2014 All Rights Reserved