such filmmakers eligible for the award who shoot their film on the video or digital format. Also eligible now are films, which have not got a Censor certificate. Now, films like Final Solutions can no longer be disqualified from the awards fray due to the absence of a Censor certificate at the time of the competition.
Recalling past
It may be recalled that two years ago filmmakers under the banner of Vikalp: Films for Freedom had demanded that digital format and video films be allowed to compete for the 51st National Film Awards to avoid discrimination against independent film-makers making films on video and digital formats..
The Government changed this rule but did not accept the demand to revoke a rule that makes Censor certificates mandatory for all films entered for the NFA.
Filmmakers Anand Patwardhan
This year for the 53rd NFA, the Government backtracked on the format issue and debarred video and digital format films from the NFA. In response documentary filmmakers Gaurav Jani, Anand Patwardhan and Simantini Dhuru, supported by filmmakers associated with Vikalp, Docuwallas and others, filed a case in the Bombay High Court asking that: digital/ video films should compete for the NFA in their original format, and the Censor certificate requirement be removed as a pre-condition for the NFA.
During the pendency of this case, the Government allowed digital/video format films eligibility at the 53rd NFA, but refused to concede the other demand, insisting that the Censor certificate requirement was a pre-requisite for the NFA.
In a landmark judgment, Justice Rebello and Justice Tahilramani of the Bombay High Court, upheld the petitioners' arguments and ordered that the Censor requirement at the NFA be struck down. Advocate P.A Sebastian appeared for the petitioners and advocates Y.R.Mishra and M.R.Prajapati for the defendants.
Expert opinions
Says an exultant Rakesh Sharma, whose documentary on the Gujarat genocide evoked a lot of attention from all non-official quarters, "It was a long drawn out battle before finally the filmmakers have been able to have their way. For two years, it has been an uphill struggle. We had to go to so many ministries, held special screenings of the film.
We started a campaign against censorship at the National Film Awards last year and before that we argued that films shot on video camera should be eligible for National Awards.
The authorities denied such films, leaving us with no alternative but to take recourse to the courts."
He enlightens, films like Waiting, a film on Kashmir half-widows, have gained. It had earlier won the IDP Award for the best debut.
Rakesh Sharma
Similarly, Pavan Haubam's film on the Armed Forces Protection Act and Amudhan's film on Madurai scavengers won the jury awards.
Adds filmmaker Anand Patwardhan, whose War and Peace moved many, "
Following the judgement we have won on both the counts. It is a victory for all filmmakers, not just documentary makers." He feels in the past the Government had used the Censor certificate as a scanning device, but now such tactics won't work
Differing with him on the impact of the ruling is Rahul Dholakia, who made Parzania, that moving film on the Gujarat violence,
"It will strengthen the film festivals, it will strengthen the awards. It may not necessarily strengthen the filmmakers because they don't make films for the festivals or private screenings."
Value of a certificate?
However, Dholakia has an interesting take on the subject of a Censor certificate being hitherto must for entering the competition at the National Film Awards. "My film Parzania got the Censor certificate long time back but it is yet to be released. If the exhibitors are afraid of releasing a film with a Censor certificate, what is the value of such a certificate? And in that case, why make it a must for the National Film Festival?"
He feels, the Government has used the Censor certificate not just as a scanning device but as a weapon to muzzle intrepid filmmakers.
Rahul Dholakia
And laughs at the ineligibility for films shot on video camera. "Star Wars was shot on high definition camera. Will they make it ineligible too? The world is changing. Video camera is a new medium. It will take new form in the days to come. And every form of film should be welcomed in the Festival. What is important is content.
The ruling will doubtlessly help the documentary filmmakers too as they often work on limited budgets." Sharmila Tagore, Chairperson, Central Board of Film Certification, however, feels that the differences between the filmmakers and the Government could have been sorted out through an amicable dialogue without taking recourse to the court.
"We respect the judgement. Restricted screening at the festival seems fair enough. There is a need to have a comprehensive policy. Piecemeal approach cannot take the place of a meaningful dialogue between the filmmakers and the Government.
We have to study the judgement. We have not got a copy of it yet. We are studying the option of going to the Supreme Court."
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