Why Don't People Offend by Bollywood Films File a Case Against CBFC?

It is a common misconception that individuals who are offended by Bollywood films do not file cases against the Broadcast Film Certification Board (CBFC). In reality, many such cases are indeed filed. However, the process of challenging CBFC's decisions is complex, usually requiring a legal challenge through the High Court under specific conditions. This article delves into the intricacies of why these cases are infrequently brought to court and the legal avenues available.

Historical Context and Current Practices

Over the years, people who have been offended by certain Bollywood films have indeed filed cases against CBFC. These challenges typically arise when the board has either approved a film that is deemed offensive or rejected a film that the complainants found acceptable. However, the process of convincing a court is not straightforward.

The article by R2A provides some insights. Firstly, it is not accurate to assume that such cases have never been filed. Plenty of instances of petitions against CBFC exist. However, the process involves specific procedures and is subject to legal limitations.

Understanding the Legal Framework

Challenges against CBFC can be undertaken only under certain conditions. CBFC has a discretionary power, and its decisions are subjective. These decisions are not subject to judicial scrutiny in a typical High Court judgment. Instead, a submission can be made to the High Court through a Writ of Mandamus, which requires the court to direct CBFC to perform a certain duty.

However, there are key limitations to this approach. CBFC's decision-making process is not open to revision by the High Court, especially if it involves matters that could be addressed in a civil court. The High Court is not equipped to handle matters that require evidence, such as proving the truth of the allegations made against the films.

Alternative Legal Pathways

Given these limitations, individuals who are offended by a film can choose to sue directly the makers of the film. This includes the directors, authors, and actors, as they are the primary parties responsible for the content. CBFC, on the other hand, is more of an administrative body that ensures the content aligns with the fundamental right to freedom of expression.

In certain instances, challenging CBFC alone might not be sufficient. A case can be brought to the High Court if CBFC has acted in a manner that is not bona fide or genuine and not reasonable. However, this requires a high threshold of evidence and cannot be achieved without significant legal resources.

Even if a court were to rule in favor of the complainant, direct makers are more likely to be held accountable. This is because they are in a better position to provide evidence and counter the allegations made against their work.

Practical Challenges in Filing Cases

Furthermore, there are practical challenges in filing these cases. For instance, if a case is to be filed in the High Court, it is not uncommon for it to take years to resolve. This is even more likely if the litigant is not appearing in person. Additionally, there are legal requirements and formalities that must be adhered to, such as proper notice, which can further delay the proceedings.

A shrewd lawyer would likely sue the direct makers of the film alongside CBFC, ensuring that the complainant explores all possible avenues and has a better chance of winning the case. This approach can also align with the long-term goals of the complainant, which might not solely rely on the decision of CBFC.

In conclusion, while individuals who are offended by Bollywood films can and do file cases against CBFC, the process is complex and often requires significant resources and legal expertise. The best course of action often involves directly suing the creators of the film, ensuring that the primary parties responsible for the content are held accountable.