From State to Non-State Actor Censorship in India: Censoring Films Under the Pretense of Religion

Abstract

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This chapter analyzes the state and non-state actor approaches to limiting artistic expression of Indian films when they offend religious sensitivities. It explores the evolution of restrictions since the Abbas judgment in 1971 and how different phases of censorship between the Central Board of Film Certification (CBFC) and the Indian court system have emboldened the involvement of non-state actors in targeting speech that offends Hindu-nationalist ideology. The chapter draws on international and regional human rights law to demonstrate that the current institutional approach to Indian censorship, often justified on grounds of offending religious sentiment, is unlawful and in violation of human rights.