The Disappearance of FCAT and its Impact on Indian Filmmaking

The abolition of the Film Certification Appellate Tribunal (FCAT) under the Tribunal Reforms Ordinance 2021 has sent ripples through India's film industry, leaving filmmakers questioning the necessity and consequences of such a move. This article delves into the history, function, and impact of FCAT, and discusses the potential impacts on filmmakers in an uncertain new landscape.

Historical Context and Function of FCAT

The Film Certification Appellate Tribunal (FCAT) is a statutory body established in 1983 under the Cinematograph Act 1952, specifically designed to provide an appeal mechanism for films deemed objectionable by the Central Board of Film Certification (CBFC). This tribunal served as a crucial intermediary when filmmakers disagreed with the CBFC's decisions and needed a higher-level resolution. Until its abolition, filmmakers could approach FCAT as a last resort to contest any edits suggested by the CBFC.

Reasons for Abolition

Legal experts suggest that the decision to abolish FCAT stems from the poor functioning of many tribunals in India. These tribunals often lack the proper staffing and resources to function effectively. The administration of tribunals is reliant on a nodal agency, which is typically a Ministry under the Government, leading to inefficiencies and delays. Furthermore, the vacancy problem in judicial and technical positions, as well as the lack of qualified candidates for tribunal positions, contribute to the decline in the quality and reliability of these bodies.

Impacts on the Indian Film Industry

The abolition of the FCAT plunges the film industry into a deeper crisis, particularly affecting smaller filmmakers who rely heavily on this avenue for recourse. Without FCAT, the process of challenging CBFC edits becomes more complex and cumbersome. For instance, C Ilamaran, more popularly known as 'Blue Sattai' Maran, faced a recent setback with his film 'Anti Indian' being refused certification by the CBFC's Examining Committee (EC). Now that FCAT no longer exists, Maran faces the prospect of spending substantial amounts of money and time to seek further appeal through the High Court, rendering the release of his film uncertain.

Leading national award-winning filmmaker, Vishal Bhardwaj, expressed his sorrow on social media, emphasizing the importance of FCAT as a safety valve for the film industry. Similarly, filmmaker Hansal Mehta pointed out that smaller filmmakers may face significant challenges in approaching the High Court for similar grievances given the high costs and the time-consuming nature of legal battles. Even independent filmmakers like Leena Manimekalai have highlighted the unique role of FCAT, acting as a buffer between the stringent decisions of the CBFC and the filmmakers.

Long-term Consequences

The abolition of FCAT raises important questions about the future of film certification in India. Many experts believe that the judicial system may not be the best avenue for addressing film certification appeals given the expertise required and the time-consuming nature of legal processes. Film producer Sameer Bharat Ram suggests that if the CBFC's mandate were clearly defined, there would be no need for an intermediary body like FCAT. This perspective highlights the need for better structuring of the certification process, possibly through a more streamlined and efficient system that does not involve censoring.

Some filmmakers argue that the current system is inherently restrictive, with both CBFC and corporate OTT platforms (such as Netflix and Amazon Prime) exercising significant control over content. This system effectively suppresses expressions of ideology, limiting filmmakers' freedom of expression and artistic liberty. Filmmaker Raju Murugan, whose film 'Gypsy' faced challenges with the CBFC, emphasizes the urgency of reforming the certification process to allow for the timely release of films that deal with contemporary and relevant issues.

While some filmmakers are supportive of the abolition of FCAT, others like Varun Grover, a lyricist and stand-up comedian, see its removal as a necessary logical step towards the ultimate scrapping of the CBFC. This suggestion reflects the broader frustration with an outdated and rigid system that curtails artistic freedom and restricts access to a broader audience.

In conclusion, the abolition of the Film Certification Appellate Tribunal (FCAT) marks a significant challenge for India's film industry. While the intention behind such reforms may be to streamline processes and improve efficiency, the practical implications and long-term consequences remain unclear. As filmmakers navigate this uncertain landscape, the need for a more holistic and robust approach to film certification becomes increasingly evident.