Netflix is set to unleash a bomb on the Indian streaming market tomorrow. Aditya Dhar’s mega blockbuster spy thriller Dhurandhar will be released on the platform on May 22. This isn’t the one that came to theaters earlier this year, though. Not even close.
The “Raw & Undekha” cut is being released by the streaming giant. Uncensored. Unfiltered. The film had been completely scrubbed of heavy editing that was imposed on the producers months ago by the censor board. Ranveer Singh is an agent of the Indian intelligence agency, working as an undercover agent in the heart of Karachi’s underworld. It’s gritty stuff. Violent. The movie was already being discussed in cinemas for its pace. Today the untouched version is bringing a huge debate to the heart of our homes. It’s a bad day for streaming companies. They’re already on a very slender balance at the moment with the government, regarding what they are showing online
The Obscenity Trap Under BNS
It is a different situation in the country now. The old Indian Penal Code is no longer in place. The legal framework has now been completely replaced by the Bharatiya Nyaya Sanhita. As with all other releases, legal experts are already running around like vultures waiting for blood.
The new penal code is very clear with a hard line approach to obscenity and public decency. However, when combined with the BNS and Information Technology Act, the volatile mix has everyone sweating right now. The BNS imposes harsh penalties for the sale, distribution or public exhibition of obscene material. Throw in Section 67 of the IT Act. This particular regulation criminalizes any person who publishes or transmits obscene material via an electronic means.
For years, OTT’s have been playing a game of hide and seek with these same rules. Self-regulation was a key factor in their support. They told the government that they will take care of it themselves. Put up age ratings. Display warnings for flash content on screen. However, showing a contentious, uncut version of a Bollywood movie is a huge flex. It is as if it is an attack on the system. But if a film is able to bypass the Central Board of Film Certification and be released with a much cruder cut online, the entire purpose of the country’s censorship is undermined, critics say. The offensive slang used in movie theatres will now project on mobile phones. The gory, bloody action that was cut from the fight scenes will be aired in super HD
It’s the Loophole Everyone Hates.
Here’s just why people are angry. The CBFC is established under the Cinematograph act. They can cut anything out they consider to be unfit for the public eye. The board did not disappoint when ‘Dhurandhar’ reached the big screen. They made cuts.
However, Netflix or JioHotstar have absolutely no control over the CBFC. The Ministry of Information and Broadcasting has the jurisdiction on streaming platforms as per IT Rules of 2021. This leaves them with a huge blind spot. The film makers are essentially running a double shoot. They provide the theater owners with a sanitized, clean-cut, that will please the authorities. Later they block out the harsh and cussing video. They are selling it in premium form to streaming platforms for a lot of money as ‘undekha’
Conservatives and legal activists are taking a dim view of it. This dual release means they allegedly “work around” the law. It’s perfectly okay for a 20-year-old to see an obscene scene at a cinema hall, but why is it all a-sudo-the-other-20-year-old can see it at midnight on his laptop?
A Two-Front War For The Makers
That’s not the only headache the producers at B62 Studios have to deal with in the obscenity and censorship debate. This week they’re engaged in lawsuits on several fronts. The Delhi High Court had demanded that the Central government investigate the movie only a few days back for another reason.
It is to be noted that the head constable of the Sashastra Seema Bal had even filed a PIL against the movie. He told the court that ‘Dhurandhar’ blatantly violates the Official Secrets Act. The petition said that the film vividly illustrated certain tactical operations, deep cover identities and sensitive locations in such detail that it put the real-life Indian undercover agents at risk on the ground. The court didn’t throw the case out. It is a matter that needs investigation by the government and the censor board,” the bench said. Canceling a film out of existence doesn’t work because you’re “just” in the movie business, they said.
So at this moment, Aditya Dhar and his team are having to deal with accusations of leaking national security secrets, and massive pushback from obscenity laws at the same time. It’s a legal quandary.
The Big Tech Gamble
Netflix has a winning formula in its works here. The move is deliberate and aggressive to release this uncensored cut along with JioHotstar on a Wednesday.
Indian streaming wars are fierce. Platforms are losing money in order to gain users. You need eyeballs. You need subscriptions. What’s the point of giving a “Raw and Uncut” stamp to a huge film featuring Ranveer Singh, Sanjay Dutt and R Madhavan?It’s almost a guarantee that the movie servers will get crashed with heavy traffic when a “Raw and Uncut” label is slapped on a massive film with Ranveer Singh, Sanjay Dutt and R Madhavan.
However, the government is becoming impatient with OTTs these days. I&B Ministry has issued several warnings to streaming heads to scrub their libraries. They desire less graphic violence. They want platforms to not just be able to count on using content that is designed for shock value and using abusive language to get attention. When the uncut version of ‘Dhurandhar’ is released now, it is like waking up a bear. The BNS grants law enforcement a wide berth for action against digital content that goes too far in violating the community standard. The ministry could get its act together tomorrow if the furor on social media over the extreme content of the raw cut intensifies. There was the possibility of a serious and rapid crackdown. These platforms have a delicate self-regulation safety net that they have relied on for years that could be torn asunder for good.
