Kerala High Court Scrutinizes CBFC's Certification of 'The Kerala Story 2' Film
The Kerala High Court has made significant oral observations regarding the controversial film 'The Kerala Story 2-Goes Beyond', expressing that the apprehensions of Kerala's residents about its release cannot be dismissed lightly. The court specifically questioned whether the Central Board of Film Certification (CBFC) had adequately exercised its statutory powers when granting certification to the film, which is scheduled for release on February 27.
Court Questions CBFC's Due Diligence
During proceedings on Tuesday, the bench of Justice Bechu Kurian Thomas noted allegations that the film's teaser contains material that could potentially create communal tension. The court directly asked the CBFC whether it had properly considered these aspects before approving the certification. This inquiry came while hearing petitions filed by Sreedev Namboothiri of Kannur and others seeking to quash the censor certificate and suspend the film's release.
The court orally observed that "Kerala lives in total harmony among various religions", but expressed concern that "portraying it in such a manner as though this is what is happening all over Kerala gives a wrong indication and may also incite passions". This is precisely where the censor board's role becomes crucial, the bench emphasized.
Filmmakers' Claims Versus Public Concern
The petitioners argued that despite the filmmakers' assertion that the movie does not depict stories of any victims from Kerala, they have nevertheless prominently used 'Kerala' in the title. This has raised legitimate concerns among the public that the film might misrepresent the state's social fabric. The court acknowledged these concerns as valid, noting that the filmmakers' claim of basing the movie on true events adds weight to public apprehension.
In a significant reference, the bench cited a similar case involving the Malayalam film 'Haal', where the High Court had noted that the CBFC had directed minor cuts to certain portions containing specific problematic words. The court questioned whether a similar cautious approach had been adopted in certifying 'The Kerala Story 2'.
Procedural Developments and Adjournment
Though the court expressed willingness to watch the film before making a final decision on the petitions, the respondents—primarily the film's producers—sought an adjournment. They indicated they wished to raise additional arguments, including challenging the maintainability of the petitions themselves. The petitioners had also challenged the exhibition of the trailer and teaser, alleging they were released without proper censor certification and could create prejudice against Kerala's people.
In response, the respondents argued that if the grievance relates to the state's image, the matter should properly fall within the domain of a public interest litigation rather than individual petitions. After approximately 30 minutes of arguments, the High Court adjourned the matter to Wednesday without issuing any interim directives. The court had initially scheduled the petitions for 2 PM, but when the matter was taken up in the afternoon, senior counsel for the filmmakers requested additional time to advance arguments on merits and file a counter-affidavit.
Broader Implications for Film Certification
This case highlights the ongoing tension between artistic expression and social responsibility in Indian cinema. The Kerala High Court's scrutiny of the CBFC's certification process raises important questions about how regulatory bodies balance creative freedom with potential social consequences. The court's reference to maintaining communal harmony underscores the sensitive nature of content that references specific regions or communities, particularly when marketed as based on true events.
The outcome of Wednesday's proceedings could have significant implications for how films with potentially sensitive content are certified in the future, especially those that use geographical names in their titles while claiming to depict real events. The film industry, certification authorities, and civil society will be watching closely as this legal battle unfolds in the coming days.
