De-Certification of Samina Peerzada’s Inteha … (Legal Analysis)

Target Issue

A film ‘Inteha’ that was certified by the Central Board of Film Censors and the superior authority the Federal Government of Pakistan was uncertified without any prior notice, one month after its release. The film was de-certified on the grounds that the film contains objectionable materials which do not measure up to the social values and moral standards of our society and are clearly repugnant to decency and morality.

Following is the research on the topic, supported by the laws and analysis.

Motion Picture Ordinance 1979

An ordinance to provide for the censorship of films and the regulation of exhibition of films by means of cinematographs whereas it is expedient to provide for the censorship of films and the regulation of exhibition of films by means of cinematographs, and for matters connected therewith or incidental thereto.

Background of Samina Peerzada

Samina Peerzada the actress turned TV Director is now entering the dream world of direction. Samina’s background in the Pakistani entertainment industry needs no introduction. Besides film and television, she has also left an impact on theatre. Samina Peerzada does not hesitate to take risks. She has taken on bold acting roles and experimented with even bolder yet simple themes in her production. She prefers to portray adult themes and subjects in her productions but feels that due to the lack of rating system in our films, it will be inappropriate. Since in Pakistan, movie going is more of a family event therefore, film makers must cater the product towards all members of the family.

Samina Peerzada’s - Inteha

Inteha, production of Samina was released in 1999. The film right from its respective name to its treatment has Samina's name shines as the director. “Inteha is an emotionally, mentally and physically thrilling experience” she says.

Cast of Inteha

The cast includes Meera, Humayun Saeed, Resham and Nadeem. According to Samina, “Inteha” is an ultimate love story.

Reputation of Inteha

Inteha had managed to earn good as well as bad word. Critics insisted that it wasn't an original idea (it reminded one of “Sleeping with The Enemy” and its Indian counterpart “Agnisakshi”). Many argue that with this film Samina fell short of the expectations that people had from a director of her caliber. One had to work hard to figure out aesthetic, novelty and sensitivity in her work in Inteha.

Regarding the second allegation she fires, "Right now we need to change the way a regular cinegoar perceives our films. No change comes overnight. According to Samina, the audiences have to realise that they have a job beyond sitting in their drawing rooms and cribbing about how bad Pakistani films are. If they can't get the time to see the films, then don't criticize it either. When our class audiences don't want themselves to be a part of the target market, how could they expect films to be made for them?

Rejecting Criticism Of Obscenity Against Inteha

Rejecting criticism of obscenity against her hit film "Inteha", Samina has vowed to introduce 'bold initiatives in Pakistan film industry, asserting that the experience can pay back well if credible work is undertaken in such experience. Samina Pirzada said all the criticism against her hit release "Inteha" was quite baseless and irrational. Samina says, "What we have presented on the screen is a true picture of our society and those unleashing criticism are perhaps, afraid of watching their real faces as "Inteha" is serving as mirror to them".

The Issue of De-Certification of Inteha – Article 199[i]

A film by the name of ‘Inteha’ produced by Samina Peerzada w/o Usman Peerzada was submitted before the Central Board of Film Censors, Islamabad for certification[ii], under the Motion Picture Ordinance 1979[iii]. The film was passes for viewing after removal of some scenes. Feeling aggrieved[iv] the petitioner filed an appeal which was partially allowed by the Federal Government (under Section 7 of the ordinance read with Section 37) and subject to removal certificate was issued. After the disposal of the appeal the petitioner was issued a Censorship Certificate dated 2nd Dec 1998 for a period of 10 years. The certificate is issued in Form-C as required by Rule 17 is for the unrestricted viewing under Rule 20 of the rules[v].

The film accordingly released on 26th Feb, 1999. After about a month of the release the film was de-certified vide notification dated 5th April, 1999 issued by the Federal Government (u/s 9(2)(a)of the Ordinance)[vi].

The film was de-certified on the grounds that the film contains objectionable materials which do not conform to our social values and moral standards of our society and are clearly repugnant to decency and morality[vii].

The petitioner challenged the said notification by filing the writ petition (No. 835/99 that stated: The writ petition is allowed and the impugned notification is declared to be illegal and without lawful authority- By Judge Mian Saqib Nisar) which came up before Rawalpindi Bench of this court on 1st June, 1999 when on an assurance given by the Federal Counsel that fresh action shall be taken in accordance without lawful authority, it was allowed.

Thereafter vide letter dated 8th August, 1999 the petitioner was informed that the Federal Government has decided to review the print of the said film and to make an inquiry into the allegation of exhibition of some objectionable portions thereof. The petitioner was called upon to deposit the print of the said film with the respondent (the Central Board of Film Censors, Islamabad) within 10 days of the issuance of the said letter.

Feeling aggrieved the petitioner filed present petition praying that the said letter be declared unlawful. Notice was issued to the learned deputy Attorney General as well as respondents. Para-wise comments and report has been filed. It has been stated therein that the letter does not constitute a penal section. The petitioner has simply been called upon to submit the print to enable the Federal Government to judge upon the allegations against exhibitions of the film in terms of section 9(2) of the Motion Pictures Ordinance, 1979.[viii]

Learned counsel for the petitioner after arguing the matter at some length states that he will be satisfied in case the film is reviewed by the Federal Government in terms of the provisions of the Motion Pictures Ordinance, 1979 and the censorship of the Films Rules, 1980. Further submit that he reverses all the legal objections of any order that may be passed as a result of the said review. Learned deputy Attorney General has no objection to the said proposal of the learned counsel.

In view of the statements of the learned counsel and the learned Law Officer, this writ petition is disposed of with the observations that the film will be reviewed by the Federal Government in the manner prescribed by the said law and the Rules and that the petitioner shall be at liberty to press/any just and legal objections to any order that may be passed by the Federal Government as a result of the said review.

My Analysis About De-Certification of Inteha

Though ‘Inteha’ was an “intense love story” that was full of emotions and passion, yet it was based on a very sensitive issue of “marital rape”. Lack of awareness that’s existing in the Pakistani public does not even acknowledge “Marital Rape”.

Women don’t even know that they have the right to raise their voice against this sin. This issue is ostracized by Islam and also the Law of Pakistan, but it is prevailing in our society just like it is prevailing in any other society. Due to the male dominance here the issue is never raised publicly and if raised it is put down instantly.

Media being a very powerful source of imparting knowledge and arousing the mind of the unaware people can certainly make a difference.

I personally feel it was a good effort by the Pirzada Production, as far as the awareness of the issue is concerned. But the fact is that being an Islamic country we have to abide by some morals and principles in portraying an issue, especially related to sex.

Inteha was presented before the Censor Board and the Federal Government; it was approved, though some very prominent obscene portions were censored. This was done certainly in accordance to the mind set of the public and the requirement of our society. Eventually when it was showed on the Cinema Screen the feedback of the general public proved that the movie is obscene and hence taking the public’s reaction into consideration the authority that allowed it, was set liable. That’s was a valid reason to call it off.

Unfortunately there is no check on our public. There has to be a monitoring team “that is working actually in the field” to keep a check on the audience that the audience less than a particular age must not watch certain movies. The censor board must have marked Inteha “For Adults Only” even if it was passed initially as it had the issue that is sensitive in nature.

In any case it is “Immoral and Obscene” to present scenes of rape, sexual act, nudity, lustful passion as far as the Code of Censorship of Films is concerned. However, sensitive issues can always be presented in an implicit way. It’s not necessary to be Vocal or Vulgar to expose something that may heave controversies.

For Referring Ordinance and Rules

[i] Article 199 Jurisdiction of High Court

(a) on the application of an aggrieved party, make an order-

(c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government, exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that court as may be appropriate for the enforcement of any of the Fundamental Rights.

[ii] Uncertified film not to be exhibited : (1) No person shall make or arrange a public or private exhibition of a film by means of cinematograph unless the film has been duly certified for public exhibition by the Board, provided that nothing in this sub-section shall be deemed to apply to the exhibition, in the residential premises of any person, of a film which only records events in the life of such person or any member of his family.

[iii] Ordinance No.Xliii Of 1979 An ordinance to provide for the censorship of films and the regulation of exhibition of films by means of cinematographs whereas it is expedient to provide for the censorship of films and the regulation of exhibition of films by means of cinematographs, and for matters connected therewith or incidental thereto; and whereas the President is satisfied that circumstances exist which render it necessary to take immediate action. now, therefore, in pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977(C.M.LA Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance.

[iv] Appeals: (1) Any person applying for a certificate in respect of a film who is aggrieved by any Order of the Board,.. (a) refusing to grant a certificate; or (b) granting only a restricted certificate; or (c) directing the applicant to carry out any excisions; may, within thirty days of the date of such order, prefer an appeal to the Federal Government and the appeal shall be disposed of in the prescribed manner and the order of the Federal Government shall be final: Provided that before passing an order under this section an opportunity shall be provided to the appellant of being heard.

[v] Power to make rules ;- (1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance, 2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely: a) the manner in which the Board may exercise its powers, including the establishment of centers at different places and the delegation of any of the powers of the Board to any member nominated by the Federal Government in that behalf ; b) the procedure of the Board and all matters ancillary thereto, and the fees to be charged by it; c) the conditions subject to which any certificate may be granted under Chapter II and the circumstances in which such certificate shall be refused; d) the manner in which appeals under Section 7 may be preferred, heard, and disposed of; e) the terms, conditions and restrictions, if any, under which licenses may be granted under Chapter III; and f) any other matter which is to be or may be prescribed.

Power to exempt. - The Federal Government may, by order in writing, exempt, subject to such conditions and restrictions as it may impose, any film or class of films or cinematograph exhibition or class of cinematograph exhibition from all or any of the provisions of this Ordinance or the rules made there under

[vi] 22-Surrender of certificate of uncertified films.- Where the Federal Government directs under sub-section (6) of Section 8 or Section 9 a certified film to be deemed to be an uncertified film for the whole of the area in respect of which the certificate is valid, the person who is in lawful possession of the certificate shall surrender it and all copies thereof to the Board within such period as the Board may direct: Provided that the Board may, at the request of such person, extend the said period not exceeding three months.

[vii] Immorality and obscenity: (a) glorifies adultery, promiscuousness, lustful passion, lewdness or excessive drinking; (b) presents scenes of rape, sexual act or perversion, abortion, child-birth and surgical operation beyond the limits of decency and the unavoidable demands of the plot: Provided that this will not apply to technical or scientific documentaries meant for Specialized Audiences; (c) contains dialogues, songs, speeches, dances, jokes or gestures which are obviously vulgar, obscene or indecent.

[viii] (4) Where a film in respect of which the appeal under Section 7 is rejected or a film is declared uncertified by the Federal Government under sub-section (2) of Section 9, the applicant may submit such film to the Board at Islamabad for certification in the revised form along with the portions excised there-from. Provided that no such application shall be allowed more than once in the case of an imported film and more than twice in the case of a film produced in Pakistan. Provided further that an application in respect of a film declared uncertified under Section 9 shall not be entertained by the Board before the expiry of one year from the date of publication of the notification through which the film was declared uncertified and forward its recommendations to the Federal Government for such order in relation thereto as it may think fit.