ORDER

D.BHARATHA CHAKRAVARTHY, J., The Writ petitioner who is a practicing Advocate has filed this pro bono publico with a prayer seeking Writ of mandamus to consider his representation to regulate and ensure that the guidelines and advisory in respect of Movies are carried out and followed by the private respondents 6 to 8, thereby they comply with the provisions of the Cinematography Act, 1952, Children Act, 1960, The Juvenile Justice (Care and Protection of Children) Act, 2000 in respect of appropriate categorisation of the films certified under 'U/A' category.

2.Upon hearing the learned Counsel for the petitioner and perusing the material records of this case, it is seen that the cause sought to be redressed by the petitioner is that pursuant to the Section 5A of the Cinematography Act, 1952 Censor Board certifies the films into 'U' category which means Universal where everyone can watch, 'A' category which means Adults only can watch, 'S' category movies in respect of specified targeted group or 'U/A' which means persons who are not adults are supposed to watch the movies only with the parental guidance.

3. Further, in respect of 'U/A' category, as per the mandate of the Cinematography Act, 1952 depending on the content of the movie, a caution has to be made as to whether children under age 12 can has to watch under parental guidance. While the said caution is shown only in the censor film certificate which is exhibited during the start of the movie, absolutely none of the production houses or cinema owners are displaying the caution in the banners, advertisements etc., of the concerned movie. As a result of which, parents who intend to take their children are unable to make a decision and be prepared for guided watching of the movie before deciding to watch the movie in the cinema hall. Even at home, when these movies are telecasted in satellite channels, ignorantly, the children watch these movies without reference to specific age or parental guidance and therefore, the petitioner has made a representation dated 12.12.2022 to the respondents praying that suitable action be taken to implement the guidelines strictly so that the rights of the children are protected.

4.In this regard, it can be seen that as per the proviso to Section 4 of the Cinematography Act, 1952, it is necessary to caution as to whether any child below the age of 12 years may be allowed to see such a film should be considered by the parents/guardian of the child and the board may sanction the film for the unrestricted public with a due endorsement to that effect. It is essential to reproduce Section 4 of the Act, which reads as hereunder:-

“4. Examination of films.—(1) Any person desiring to exhibit any film shall in the prescribed manner make an application to the Board for a certificate in respect thereof, and the Board may, after examining or having the film examined in the prescribed manner,—

(i) sanction the film for unrestricted public exhibition:

[Provided that, having regard to any material in the film, if the Board is of the opinion that it is necessary to caution that the question as to whether any child below the age of twelve years may be allowed to see such a film should be considered by the parents or guardian of such child, the Board may sanction the film for unrestricted public exhibition with an endorsement to that effect; or]

(ii) sanction the film for public exhibition restricted to adults; or (iia) sanction the film for public exhibition restricted to members of any profession or any class of persons, having regard to the nature, content and theme of the film; or [(iii) direct the applicant to carry out such excisions or modifications in the film as it thinks necessary before sanctioning the film for public exhibition under any of the foregoing clauses; or (iv) refuse to sanction the film for public exhibition.

(2) No action under [the proviso to clause (i), clause (ii), clause (iia), clause (iii) or clause (iv)] of sub-section (1) shall