Radhika Ramesh Dhanotia

BBA, LLB (Third Year)

Jindal Global Law School

Indias Fifty Shades of Censorship: Should we care about Freedom of Speech?

In March, 15, the Central Board of Film Censorship banned the release of motion
picture based on E.L James erotic novel Fifty Shades of Grey in the Indian
Cinemas. This ban was passed even after the production house edited the dialogs
and scenes that the review committee did not approve. 1
Perhaps this brings us into the pro-longed debate about censorship and the idea of
Freedom of speech. Does censorship infringe the rights provided to each and every
citizen under the Indian Constitution? Is it correct to restrict a persons opinion with
an excuse of reasonable restriction? Shouldnt freedom of speech and expression
mean absolute freedom?
The Indian Constitution under Article 19(1) (a) guarantees freedom of speech and
expression to all those who are the citizen of the country 2. This also gives the
citizens a right to express their views not only in written or verbal forms but also
allows the citizen to express their opinions in form of books, movies, documentaries
etc.
The idea of freedom of speech and expression is simple, in a democratic set-up
every persons opinion should have voice and should be given an opportunity to put
it forward without the government or the ruling body or anyone else for that matter
interfering with the opinion put forward.
The government time and again has tried to curb the concept of Freedom of Speech
and Expression into a desirable definition, granting allowance to those they feel fit
and restricting everything else.
Censorship is, The suppression or proscription of speech or writing that is deemed
obscene, indecent, or unduly controversial.3 Under the fundamental right of Article
1

See Generally, SHILPA JAMKHANDIKAR, Indian Censors Ban Fifty Shades of Grey from Cinema , 2015 , Mar. 05,

2015 at (2015), http://in.reuters.com/article/2015/03/04/film-fiftyshades-india-idINKBN0M01TV20150304 (last visited Nov.

1, 2015).

2 The Indian Constitution, 1949 art 19(1)(a), All citizens shall have the right to freedom of speech and expression.
3 Blacks Law Dictionary
1

Radhika Ramesh Dhanotia

BBA, LLB 2013
20131091

19, stands an exceptional clause which states that reasonable restriction can be
applied to Article 19(1) (a) under a situation where the current regime feels that
such expression is voilative in the interests of the sovereignty and integrity of India,
the security of the State, friendly relations with foreign States, public order, decency
or morality or in relation to contempt of court, defamation or incitement to an
offence.4
The ban of motion picture, Fifty Shades of Grey is a clear violation of Article
19(1)(a) of the Indian Constitution. This ban implies one thing for sure, that is the
arbitrary application of laws. The policy makers and the Indian judiciary always
keep talking about the constant need for a revolution in the way laws are interpreted
but censoring a worldwide phenomena is obviously not a liberal interpretation of
our laws.
The concept of censorship reflects the mindset of a society 5, are we preparing
ourselves for a rigid setup where writers and producers cant put their work for
public display just because they offend the views of some? Agreed that freedom
comes with a sense of responsibility, but that responsibility shouldve allowed the
release of the movie after the necessary editing was made in the movie. You cant
create art without offending someone but shouldnt restriction be made only on the
ground of disturbance of public order in such a manner that it leads to riot.
I wonder what riot can be created by a motion picture; all the other countries that
released the movie in its original form seem to be in peace even months after the
release. The censor board deprived the circulation of movie simply because they
feel it affects a set of people who dont even have a direct connection to it but at the
same time they are depriving people with their right as a viewer, anyways its a
fictional creation with fictional characters.
Indeed the Indian Constitution states, things that are indecent and immoral should
be curtailed, but do we have rubric to check what stands as being indecent and
4 the Indian Constitution,1949 art19 (2)
5 Potter Stewart (former US Supreme Court Justice)
2

Radhika Ramesh Dhanotia

BBA, LLB (Third Year)
Jindal Global Law School

immoral. The Community Test that has been created by the judiciary states that the
matter is considered legitimate until it doesnt have any social value added and what
a reasonable person would react like while viewing the movie. A reasonable person
would not have sexual feelings arising just by watching the movie, and even if it
does, what is wrong with having sexual thoughts per say.
Another dimension to this phenomenon is that irrespective of the impact that a
movie creates, absolute ban shouldnt be imposed before checking for all possible
outcomes.
Similarly, Madras HC in S. Rangarajan v. P Jagjivan Ram 6, revoked the U certificate
that was issued to a film on the grounds that the exhibition of the same would
disrupt the public order and cause violence in the society. This was reversed in the
appeal following wherein court clear stating that movies cant be banned only on the
ground of threat of demonstration and processions or threat of violence. It is the
obligatory duty of the State to protect the freedom of expression of the citizens and
the state cannot go on banning movies on the grounds that it wont be able to handle
the hostile audience problem.
The intention of the constitution makers while drafting the fundamental rights was
to provide absolute freedom of speech and expression under Article 19. Free flow
of ideas should not be curbed just based on the notion that there
will be a problem of peace and security in the country. Flexibility in
determining what amounts to public decency needs to be
reconsidered, we cant interpret the statutes as they were drafted
in 1949. A more liberal approach is required, also a balance
between what is considered as absolute freedom and what the
government does, have to be maintained.

1989 SCR (2) 204, 1989 SCC (2) 574