Submitted by Asif Iqbal, Centre for Juridical Studies, Dibrugarh University.
We have got our independence in the year 1947 and since then we have traversed more than 70 years while fabricating the constitution for our country they added Part III which talked about fundamental rights for each and every citizen living in this territory of India. Somewhere, we haven’t got the craved space to express ourselves despite mentioning about curtailment imposed to maintain the country’s morality and security. One of the ways through which an individual is allowed to blather about things is through making films, and it could be of any kind or on any issue which is eventuality inside in the country. Once an author of the famous novel 1984 did talk about the freedom of expression and liberty, he says “if liberty means anything at all, it means the right to tell people what they don’t want to hear”. One of the decades of our country went like that when Indira Gandhi lead Government tried to impose a restriction upon news provider through paper or television to the viewers. In that period, one of the prominent politicians of present-day said to media that you were been told to bend instead you preferred to crawl in the period of emergency and these words were been said by Lal Krishna Advani the former president of Bhartiya Janta Party. Recently, an organization the freedom in the world which is reported by freedom house gave one of the largest democratic countries in the world India, a rating of 2.5, a civil liberties rating of 3 and political rights ratings of 2, which provided a designation of free. Whereas, in the recent order which has been made by the Hon’ble High Court of Uttrakhand in which they have asked the centre to implement a strict ban on exhibit porn in the domain of India, and if they violate the direction as they have been allocated in the manner in which it has been said, otherwise the Internet service provider may lose their license as per section 25 of the Information Technology act 2000. In the process, there are certain online content providers in India through Netflix, Amazon Prime or Hot star which are providing well-made shows where the issues are way better and interesting if it’s been compared with content which is been showcased on the television for many years. Till now, there wasn’t any kind of thought given on the restriction on the shows which are been provided on the online applications which are easily downloaded both from ios and Google play and in the country like India where internet is uniquely unregulated and it has been processed to be used in a proper manner. In their annual report which has been given by Netflix where they have mentioned that censorship can be a risk factor in the way, they want to produce content to its customers. The age-old party which fought many battles against Britishers since their inception as an organization to going against Gandhi’s views in establishing a Political Party after Independence, did tried to take a matter in to the court and wanted to remove that specific scene which was regarding former Prime Minister of India Late Rajiv Gandhi showed in the first Indian series On Netflix, Sacred Games. In a judgment which has been made by the Supreme Court where they did mention about not imposing any kind of restriction on the picture of models who stood nude/semi-nude in Sportsworld cannot be accepted as obscene from any side. In the past, there are movies like Uddta Punjab & Lipstick Under My Burkha which got censorship and has been ordered by the censor board to their production houses to remove certain scenes, there were 94 cuts and latter movie has been allowed to get released as it was lady oriented, their fantasy above life, used obscene, abusive words and bit sensitive towards one section of the society. Certainly, we aren’t moving forward in making the population mature regarding certain scenes in the movies premier those movies which are prevalent and equivalent for each and everyone, who are living in the society and it has to their responsibility to judge those materials which are been provided to them. If there are certain of obscenity happening in the society then they should provide adequate and establish a bill which should be headed by a former judge of Supreme Court or High court, and programme on sexual education is necessary for everyone, whether they are educated or illiterate. Even, the government needs to make an effort in not trying to be a nanny or big brother and instead try to fulfil their promises which they had promised to its people.