The fight over 'Dance of Democracy ' Battle for Banaras' reaches court

A documentary on the contest between Arvind Kejriwal and Narendra Modi in the 2014 General Elections is refused certification for released by the Censor Board and FCAT, the makers move the court. After the makers of 'Shorgul' were taken to court for allegedly misrepresenting politicians in the movie, another film ' this one a documentary ' is courting controversy.After 'Dance of Democracy ' Battle for Banaras' was refused certification by the Censor Board of Film Certification, Manu Kumarann, the producer has moved the Delhi High Court against against the CBFC and the Film Certification Appellate Tribunal (FCAT) for not granting a release certificate to the documentary.
Directed by Kamal Swaroop, the documentary is based on the general Elections held in India in 2014, in particular the electoral fight between Narendra Modi and Arvind Kejriwal in Banaras. The film shows live footage recorded over 44 days of campaigning in Varanasi. The Censor Board refused certification to the film on October 15, 2015 as it found the film objectionable and violating the guidelines of the Film Certification of Films for Public Exhibition issued under Section 5-B (2) of the Cinematograph Act, 1952 without identifying any specific frame, scene or moment in the film, which the board believed to be objectionable.
The CBFC said that the 'Dance for Democracy-Battle for Banaras' was full of 'hate and inflammatory speeches given by all the leaders of the political parties' and 'tries to divide people on caste and communal lines'. The FCAT justified the CBFC's stand and also said, 'The release of the film may cause not only communal disharmony but also disharmony among the members of different castes and communities. It clearly violates the guidelines for certification for films of public exhibition... The appeal is accordingly dismissed.'
The writ petition filed on May 31 in Delhi by Kumarann contests this judgement and calls the April 4 order by FCAT upholding the Censor Board's ruling as 'arbitrary, unreasonable.' It also seeks a quashing of the order so that the CBFC issues a certificate for universal viewing and public exhibition of the film.
We have not made any comment in the film, all that we have shown is what has been said by politicians in their speeches ' Kamal Swaroop, director, 'Dance of Democracy ' Battle For Banaras'. 'We have been trying to get the film released in theatres in India, but it's been refused certification by the CBFC. Pehle ek committee ne refuse kiya, then the next and finally the tribunal. So, we took the matter to court,' says Kamal Swaroop, the director of the documentary, adding, 'In our appeal we have mentioned that we have not made any comment in the film, all that we have shown is what has been said by politicians in their speeches. We were just documenting what was happening at that time. The language is theirs, not ours. We just liked all the excitement surrounding an election because it's like a festival in India. And we wanted to capture that excitement and enthusiasm.'
The documentary has already been shown at international film festivals including those in Dubai, Paris and Melbourne. 'It was to be shown at Mumbai but they withdrew it at the last minute fearing some controversy,' says Swaroop. 'We live in very commercial times and we don't want any controversy and we don't want to antagonize anyone. We have spent so much time and money on this film,' says Swaroop.
When asked about the issue Manu Kumarann, who is in London, wrote to us saying, 'This is about freedom of speech and the arbitrary manner in which the Censor Board and the tribunal have adjudicated the film.' Commenting on what may be the objection to the film, Kumarann added, 'I think we live in an extremely delicate time and when the minions are more loyal than the Pope, then chaos will ensue. Regarding the petition, Kumarann's lawyer Ashim Sood said on Friday, 'We are trying to get the case listed today, before the vacation bench. We've told them it's an issue of a film being banned, so there is some urgency to it.'
This is about freedom of speech and the arbitrary manner in which the Censor Board and the tribunal have adjudicated the film ' Manu Kumarann,
film-maker, 'Dance of Democracy ' Battle For Banaras'.
OTHER FILMS ON SENSITIVE TOPICS THAT WERE REFUSED CERTIFICATION BY THE CBFC RECENTLY
2013
Papilio Buddha
Initially banned due to its criticism of Mahatma Gandhi, it was allowed release after the anti-Gandhi speeches were muted and/or blurred.
2014
No Fire Zone
The Sri Lankan Civil War documentary was not allowed a public screening by the Censor Board. Director Callum Macrae decided to release the film on the internet to circumvent the ban.
Kaum De Heere
The film was banned by the central government after the Intelligence Bureau had warned that the film may cause communal tensions. The film glorified the assassins of former Prime Minister Indira Gandhi.
2015
The Mastermind Jinda Sukha
The film was cleared by the CBFC but banned by the Minister of Home Affairs. The films is based on the lives of the assassins of Arun Shridhar Vaidya. The makers of the film decided to release it overseas.
Patta Patta Singhan Da Vairi
The movie, set in Punjab in the 1980s, shows the brutality of the Punjab police and the CRPF, initially denied clearance by CBFC, but was later cleared by the Film Certificate Appellate Tribunal (FCAT).
Unfreedom
The film examined same sex relationships and religious fundamentalism in India, and was denied a rating by the Censor Board.
2015
Mohalla Assi
The CBFC denied a rating to the film. The film deals with the commercialisation of the pilgrimage city Varanasi.