Dear all
this message is forwarded by Rakesh Sharma <[EMAIL PROTECTED]>
pl read and circulate
gp.ramachandran
To members from Vikalp, Docuwallhs and others - Please forward to your
friends in the media.
PRESS RELEASE (please contact [EMAIL PROTECTED] for pictures of the
film-makers handing over their protest petition to the President of India
and for stills from their films)
*National Film Award-winners protest to the President of India*
Film-makers Rakesh Sharma, Gaurav Jani and Praveen Kumar yesterday (on Sept
14) registered their protest with the President of India during the National
Film Awards ceremony organised by the Ministry for Information &
Broadcasting. Each of them handed over a protest petition to the President
as they went up to collect their awards. The film-makers were protesting
against the growing harassment of documentary film-makers by the police and
officials from the CBFC (Central Board for Film Certification). The full
text of the protest petition is enclosed below.
According to Rakesh Sharma, the recepient of the Special Jury award for his
internationally-acclaimed film Final Solution, they were forced to take this
unprecedented step as the Ministry has failed to address their concerns over
the last couple of years. He said, "It is ironic that the President of India
is recognising the technical and artitic merit of my film Final Solution by
giving it an award, while the Government's own Censor Board saw it fit to
'ban' the film. I certainly hope the President will turn her attention to
the antiquated censor laws and oerder a thorough review. Stifling art and
expression through censorship, whether legal or extralegal (by politically
partisan groups) is a blot on our Democracy."
According to Praveen Kumar, winner of two National awards for his film Naina
Jogin, "The hallmark of a mature and robust democracy is freedom of thought
and expression. It is sad that film-makers are now facing a growing
intolerance, both by government officials and extralegal censors."
Said Gaurav Jani, the winner of the Best Film award for his documentary
Riding Solo to the Top of the World, "I hope the Government would at least
now invite us and other film-makers for a dialogue." Added Rakesh Sharma,
"Instead of squandering away the tax-payers' money to keep prolonging legal
battles in the High Courts and the Supreme Court, it would've ben far
simpler for the Government to have consulted the film-making community
before arbitrarily changing rules for the National Film Awards and
making films made on the video format ineligible. It is truly bizarre
that the protesting award-winners became eligible for the National Award
only after approaching the High Courts" (See page 3 of the protest petition,
detailing the lawsuits against the National Film Awards).
Rakesh Sharma (Tel: 098203 43103 and 022 65882504), Gaurav Jani (Tel:
09833013039), Praveen Kumar (Tel: 09869975222)
*TEXT OF THE PETITION HANDED OVER TO THE PRESIDENT OF INDIA*
The Hon'ble President of India
New Delhi
*Sub: Censorship
and documentary films *
Dear Madam President,
We, the undersigned, write to you in anguish, deeply perturbed by the
censorship regime that has become a serious concern, specially to the
documentary film-making community in India.
While we are honoured to recieve from you a National Award for excellence in
cinema, we would like to bring to your attention the following:
1. Several of the National award-winning documentaries including *Riding
Solo to the top of the world* by Gaurav Jani (Best Film), *Final
Solution*by Rakesh Sharma (Special Jury Award) and
*Naina Jogin* by Praveen Kumar (Best Film, Art & Culture and Best Editing)
could not have received these awards from you were it not for a lawsuit
filed by documentary filmmakers, as all documentaries using the video format
were being prevented from even competing for the National Film Awards!
Please see the accompanying note about the High Court writ petitions that
allowed these films to be considered by the Jury.
2. *Final Solution* by Rakesh Sharma is a perfect illustration of why there
should be no censorship for documentaries. The President of India is now
recognizing a film for its merit and excellence, which was initially
'banned' by the Censor Board (or CBFC) and finally granted a certificate for
public exhibition, without a single cut, following widespread protests by
various sections of civil society.
As per the National Film Awards Jury's citation, the film has been given the
award " *for its powerful, hard-hitting documentation with a brutally honest
approach lending incisive insights into the Godhra incident, its aftermath
and the abetment of large scale violence *".
Curiously, in sharp contrast to the National Film Award Jury, the CBFC
(censor board), while 'banning' the same film in 2004 had observed that the
film " *promotes communal disharmony among Hindu and Muslim groups and
presents the picture of Gujarat riots in a way that it may arouse communal
feelings and clashes among Hindu Muslim groups *...(The film) *attacks the
basic concept of our Republic i.e. National Integrity and Unity. Certain
dialogues involve defamation of individuals or body of individuals. Entire
picturisation is highly provocative and may trigger off unrest and communal
violence. State security is jeopardized and public order is endangered if
this film is shown.... *"
Prior to this, the film-maker was endlessly harassed by the Censor Board
officials of the day. The harassment included malafide delays in slotting
the film for a censor panel preview, a clear violation of the Cinematograph
Act itself. The CBFC also sent him frivolous notices about Customs and FERA
violations in connection with international film festival screenings,
matters clearly outside the CBFC's jurisdiction! Formal complaints about
this harassment were filed with both CBFC and the Ministry of I & B at the
time.
Such harassment is not an aberration or an exception. Politically partisan
censor panel members and officials have harassed documentary film-makers in
the recent past, especially if their films dealt with politics of hate,
communalism/ fundamentalism, gender or even the environment. A case in point
is Anand Patwardhan, who has filed and won several lawsuits against the
Censors before going on to win National awards.
3. Of equally serious concern is the disruption of even trade screenings and
film appreciation sessions by the police. Curiously, narrative feature
film-makers routinely organize "trial" shows before even applying for a
censor certificate, recognized as an industry practice by the concerned
authorities. Documentary film-makers, on the other hand, are prevented from
following the same practice - in some cases, the police have even siezed the
film, summoned the film-maker and threatened to file charges! In the last
couple of years alone, police have tried to stop screenings at JNU (Delhi),
Prithvi Theatre (Mumbai), Bhupesh Gupta Bhavan (Mumbai), Freedom Film
Festival (Bangalore) and at many venues in other cities and small towns.
4. The Government of India is committed to the Freedom of speech and
expression, as envisioned in Article 19 i (a) of the Indian Constitution. It
is ironic that documentary film-makers are needlessly harassed at each stage
- during filming, certification by CBFC and screenings.
Documentaries do not just inform and educate but foster a climate for
informed discourse. We feel that any curbs on documentaries are a direct
interference with the public's Right to Information, again a stated policy
the Government of India is committed to.
We would like to request you to
1. Consider a comprehensive review of the Cinematograph Act (1952) as many
of us feel that several provisions of the Act are anachronistic and
outmoded.
2. Consider accreditation for documentary film-makers with the Press
Information Bureau, along the same lines as for TV journalists.
3. Either remove the certification requirement from documentaries
altogether, or, direct the CBFC to evolve a distinct and separate code for
documentaries, as opposed to the certification of narrative feature films.
We suggest that the CBFC be directed to assign ratings only ( A, UA, U etc)
to documentaries, without maiming or mutilating any documentary by ordering
cuts and bans.
4. De-criminalize the act of screening documentary films. Direct the
Ministry to let documentary film-makers, film societies, educational and
research institutions and NGOs/ activist groups screen documentary films,
without being forced to seek specific exemptions under section 19 of the
Cinematograph Act for each screening, a cumbersome and time consuming
procedure.
We appeal to the government and to all opinion makers to rethink the entire
censorship regime and to usher in a more transparent and liberal practice
that does not stifle art and expression. This is a pre-requisite if we are
to rise to the level of a mature democracy.
We look forward to an early response.
Yours sincerely
Gaurav Jani (Tel: 09833013039)
Praveen Kumar (Tel: 09869975222)
Rakesh Sharma (Tel: 098203 43103)
** National Film Awards: A brief on the court cases*
1. How *Final Solution* was able to compete for the awards:
During the previous year, Rakesh Sharma had filed a writ petition in the
Delhi High Court upon being prevented from entering his film for the
52 ndNational Film Awards (NFA). The authorities contended that the
film was
certified by CBFC after the eligibility period and hence was ineligible. The
film-maker argued that the CBFC itself deliberately delayed the
certification process and the film-maker should not be penalized for the
CBFC's malafide actions. He also challenged the exclusive use of the censor
certificate to determine the date of production and hence, the eligibility
of the film.
Alternative proof to determine whether the film had been produced during the
eligibility period was offered in the shape of nearly a dozen international
awards won by the film. The Directorate of Film Festivals (DFF), however,
continued to insist that the film was not produced during the year it won
these awards, but the year later, as per the CBFC certificate's date!
Finally, the writ petition was withdrawn as the Jury screenings nearly
finished even as the writ petition was being heard, but after the Ministry
assured the Hon'ble Court that the film would definitely be allowed to
compete during the 52 nd National Film Awards
However, when the notification for the 53rd NFA was published, Final
Solution wasn't eligible as the officials suddenly changed the eligibility
criteria and prevented any videofilms from competing for the awards. Rakesh
Sharma nonetheless sent his film, directing the authorities' attention to
the assurance given to the Hon'ble High Court of Delhi.
2. How *Naina Jogin *and *Riding Solo *were able to compete for the awards:
In the notification for the current 53rd National Film Award guidelines, the
video format was suddenly and unilaterally excluded from eligibility,
without any consultation with the documentary film-making community.
Film-makers *Gaurav Jani, Anand Patwardhan and Simantini Dhuru* filed a writ
petition in the Mumbai High Court challenging this clause. The DFF amended
the rules soon after and published a fresh notification, inviting entries on
the video format.
The writ petition also challenged the mandatory requirement of censorship
prior to consideration by the NFA Jury. The Mumbai High Court ruled in
favour of the film-makers, before the NFA jury previews commenced. However
while the NFA rules were amended to allow the video format, the Directorate
of Film Festivals (DFF) defied the High Court's ruling that censor
certificates were no longer required for NFA eligibility. The DFF instead
sought a remedy by appealing in the Supreme Court, thereby delaying the
announcement of the national awards. Finally the Supreme Court ruled on a
technicality that while it would not object to the government withdrawing
the censorship clause, the court did not see it fit to order the government
to do so. A review petition has been filed in this matter which is yet to
come up for a hearing.
--
Rakesh
website: www.rakeshfilm.com
blog: rakeshindia.blogspot.com
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