The Kerala High Court will watch the Malayalam film Haal before ruling on CBFC’s suggested cuts. The Shane Nigam-starrer has sparked controversy over scenes involving beef, burqa, and alleged “love jihad” themes.
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KERALA: The Kerala High Court has decided to watch the Malayalam film Haal before determining whether the Central Board of Film Certification (CBFC) was justified in demanding certain cuts and modifications before its release.
The case was heard by Justice VG Arun, who indicated that the Court would personally view the film to better understand the objections raised by the censor board and the counterarguments presented by the filmmakers. The matter has been posted for further proceedings on October 21, when the Court will finalise who will participate in the viewing.
The Controversy about Haal
The Shane Nigam-starrer Haal revolves around an interfaith love story between a Muslim boy and a Christian girl. However, the film has found itself in the middle of a storm after the CBFC suggested six modifications as conditions for granting it an ‘A’ (Adults Only) certificate.
Among the modifications suggested are:
- Blurring the name of Holy Angels College of Nursing
- Deleting a scene showing characters eating beef biriyani
- Removing a song sequence where the lead actress appears in Muslim attire (burqa) to conceal her identity
The filmmakers, however, have challenged these conditions, arguing that they are arbitrary and violate freedom of expression.
Adding another dimension to the case, the Catholic Congress of the Thamarassery Diocese has filed an impleadment application, which the Court has allowed. The Christian body claims the film portrays the Thamarassery Bishop as supporting the interfaith relationship without his consent, and has objected to the movie’s content, alleging that it promotes “love jihad” and could hurt the religious sentiments of the Christian community.
The Catholic Congress also stated that it had earlier filed a complaint before the CBFC on October 3, objecting to the film’s release. According to the organisation, the film could disrupt communal harmony and defame the Bishop and the diocese.
Filmmakers Defend Creative Freedom
The counsel for the filmmakers, however, strongly opposed these claims. They argued that Haal does not portray any religion or religious leader negatively.
“What is freedom of expression if such scenes are objected to?” the counsel asked in court.
“In the film, when the father asks the girl to convert, the boy refuses, and later a bishop advises that both should respect each other’s religions. How is that anti-Christian?”
The petitioners also cited Supreme Court precedents that recommend courts watch a film before deciding on any challenge to the CBFC’s decisions.
Taking note of these arguments, Justice VG Arun agreed that it would be appropriate for the Court to view the movie before deciding on whether the CBFC’s suggestions should be upheld.
The next hearing is scheduled for October 21, when the High Court will decide on the composition of the viewing panel and proceed with the screening of Haal.
Appearance:
For the petitioners: Advocates Saneeje S and John Vithayathil
Christian Congress: Impleadment application was filed through Advocate Shinu J Pillai.
Case Title:
Juby Thomas & anr v Union of India & ors