In a noteworthy legal development on Tuesday, September 3, 2024, the Madhya Pradesh High Court concluded proceedings regarding a petition challenging the release of “Emergency,” a film starring Bharatiya Janata Party (BJP) Member of Parliament Kangana Ranaut. The high drama around this political biopic, which delves into the controversial Emergency period in India, reached a pivotal moment as the Central Board of Film Certification (CBFC) informed the court that it had deferred granting a certificate to the film in light of ongoing objections.
The Division Bench, led by Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, directed the CBFC to comprehensively review the concerns raised in the petition, which initially took issue with several elements in the movie’s trailer. This judicial directive underscores the scrutiny being placed on films depicting historical and sensitive political topics, particularly when they intersect with community sentiments.
A day prior, on Monday, September 2, 2024, the court had issued notices to multiple stakeholders connected to the film, including Ms. Ranaut, her production house Manikarnika Films, the CBFC, both central and Madhya Pradesh state governments, and Zee Studios. This wide-ranging outreach indicated the court’s intent to examine all facets of the petition brought forth by two Sikh organizations: Jabalpur Sikh Sangat and Guru Singh Sabha of Indore. The petitioners contended that the film’s trailer contained objectionable content that impinged on the Sikh community’s fundamental rights. Specifically, they criticized the use of the word “khalistan,” asserting it could stigmatize young Sikh children who wear the traditional patka (turban) by labeling them as “khalistanis.”
In its detailed submission, the CBFC revealed that although it had initially issued a film certification, this was subsequently put on hold following objections from various Sikh groups. This decision to halt certification placed the matter back under the scrutiny of the CBFC, allowing the board to reevaluate the film in accordance with the Cinematograph Act and the associated certification rules.
Given the pending status of the film’s certification, the court refrained from issuing any decisive order. Acknowledging that the matter was still under investigation by the CBFC, the court noted that passing judgment prematurely would be inappropriate.
. The court emphasized, “In view of the instructions and the fact that the film has not yet been certified and is under examination, should any further representations be received from any organization, body, or individual, these will be duly considered during the certification process.”
The acting Deputy Solicitor General corroborated this stance, assuring the court that all representations against the film would be meticulously reviewed by the CBFC before any certification is finalized.
Further compounding the legal narrative, the petitioners informed the court that they had also lodged their grievances directly with the CBFC chairman, opposing the film’s release. The court, in turn, authorized the petitioners to file a formal, comprehensive representation outlining their objections to specific aspects of the movie and its trailer. This representation is to be submitted to the CBFC within three days from the court’s directive. Upon receipt, the CBFC is required to consider these objections expeditiously, taking appropriate action regarding the trailer and overall film certification where deemed necessary, in adherence to the existing legal framework.
“Emergency,” scripted by Kangana Ranaut, is a biographical portrayal of former Prime Minister Indira Gandhi, focusing on one of the most contentious periods in modern Indian history. Originally, the film’s release was slated for November 2023 but has faced multiple delays. The latest announcement set the release date for September 6, 2024. However, with the film’s certification process still unresolved, there remains significant uncertainty about whether the film will indeed premiere on the scheduled date.
This case underscores the intricate balance between creative expression and community sensitivity in the Indian film industry. As the CBFC gears up to reassess “Emergency,” all eyes remain on whether this much-anticipated political drama will navigate its way through the legal and certification mazes to reach the silver screen on time.
