A big blow for aggrieved filmmakers as FCAT was abolished with immediate effect

FCAT had cleared Lipstick Under My Burkha with a few cuts and an ‘A’ certificate

The entertainment industry, which is reeling under the new OTT guidelines formulated by the Information & Broadcasting Ministry and trying to find a way to tell its unconventional stories in a country that is quick to take offence, has suffered another blow. Filmmakers across the country woke up on Wednesday morning to the news that the Film Certification Appellate Tribunal (FCAT) was abolished with immediate effect.

The move comes after the Ministry of Law and Justice reportedly dissolved nine appellate authorities, following the Tribunal Reforms Ordinance 2021.

Lipstick Under My Burkha, which was denied certification by CBFC, was cleared by FCAT after a few cuts

With the body that was constituted in 1983 now dissolved, filmmakers in disagreement with the decision of the Central Board of Film Certification (CBFC) will have to approach the high courts. Poonam Dhillon - who was a part of the five-member FCAT along with retired Justice SK Mahajan, journalist Shekhar Iyer, advocate Bina Gupta and Shazia Ilmi - says that the decision spells more distress for aggrieved producers and directors. "Filmmakers need a platform where they can get fast relief. Long drawn-out court procedures can be time-consuming and monetarily draining for them. In some cases, the CBFC may object to something minor, say a scene or a dialogue. Now, a filmmaker will have to get a court date, arrange for a two-hour viewing of the movie. I am not sure the court will have the time to watch two-hour films every week; they have other pressing cases. The Tribunal was expeditious in resolving issues, dispensing decisions within a week - whether it's reversing the CBFC's decision or suggesting a cut. Additionally, the Tribunal kept the CBFC in check. The film industry needs a body like that," she asserts.

Poonam Dhillon

Considering the body had representative of the entertainment industry, it was sensitive to filmmakers' grievances. "We have sat down with [directors] and understood their perspective. Often we've watched the same film over and over again to be certain that the makers don't get a raw deal." Dhillon notes that while several Tribunals have been done away with because they are not cost-effective, the same doesn't stand true for the FCAT. "None of the members were drawing a salary. If one weighs in on the work we did vis-a-vis the expenses incurred [of screening], it was a win-win situation," she says, urging the government to reconsider the matter.

Ilmi, who is currently in the Sundarbans campaigning for the ongoing West Bengal elections, did not respond to our detailed text.