The Kerala High Court cleared the Malayalam film Haal with only two mandatory cuts after personally viewing it, rejecting most of the CBFC’s demands. The Court criticised the Board for exceeding its mandate and restricting creative freedom.
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KOCHI: The makers of the Malayalam film Haal received significant relief from the Kerala High Court on Friday after the Court partially set aside the Central Board of Film Certification’s (CBFC) directive demanding six compulsory cuts for granting even an ‘A’ (Adults Only) certificate.
Justice VG Arun quashed the CBFC’s previous order that insisted the film would be certified only as A and only if six major modifications were carried out. However, the Court concluded that two of the suggested cuts were justified and must be implemented before the movie can be certified for release.
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The Court directed the filmmakers to delete a scene showing beef biriyani being eaten, along with certain dialogues allegedly demeaning some cultural organisations, and to blur a visible ‘rakhi’ in the frame. Additionally, one specific dialogue — “Adhil thanne… matha thilekkumii kanu…” — must also be removed. After making these changes, the filmmakers may reapply for certification, which the CBFC must decide within two weeks.
Justice Arun had screened the film in chambers before issuing the judgment.
CBFC’s Original Objections
The CBFC had earlier demanded six significant modifications, including:
- Removal of a song featuring the lead actress in Muslim attire
- Deletion of scenes allegedly stereotyping communities
- Blurring the name “Holy Angels” from an institution shown in the film
- Removing dialogues that could affect Christian sentiments
- Modifying or removing scenes featuring the Thamarassery Bishop
The Board argued that the film “crossed the Lakshman Rekha” by dealing with sensitive religious matters and could trigger public unease.
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Filmmakers Challenge the CBFC’s Reasoning
Producers and directors of Haal challenged the Board’s decision before the High Court. Their senior counsel argued that:
- The CBFC ignored the overall message of the film
- There was no violence or explicit content to justify an ‘A’ certificate
- The cuts had no logical basis and compromised artistic freedom
They also stated that the Board’s concerns were based on unfounded assumptions about community reactions rather than the film’s actual content.
During hearings, the Court questioned whether mere “unease” could be a legitimate ground for censorship.
“There may be unease, but can that unease by itself be a ground?”
Justice Arun asked.
The Court’s observation underscores the growing debate on creative freedom vs. public sentiment in Indian cinema.
As the legal battle unfolded, two separate groups approached the Court with objections to the film’s portrayal of their communities.
The Catholic Congress of the Thamarassery Diocese alleged that the film depicted the Thamarassery Bishop as endorsing an interfaith relationship without his consent. They argued that this portrayal, along with scenes showing nuns and hostel authorities as overly conservative or restrictive, would hurt Christian sentiments and harm communal harmony.
The organisation further claimed that the female lead’s change of identity, from “Mariya Fernandez” to “Maria Asif Kadalundi”, appeared to be a conscious attempt to normalise interfaith conversion and promote narratives associated with “love jihad.”
In a separate plea, Anil MP, an office-bearer of the Rashtriya Swayamsevak Sangh (RSS), contended that the film portrayed the RSS in a defamatory manner. He argued that several scenes carried anti-national undertones and encouraged religious disharmony. According to him, the film therefore violated provisions of the Cinematograph (Certification) Rules, 2024, making it ineligible for certification.
Appearance:
For the filmmakers: Senior Advocate Joseph Kodianthara along with Advocates ES Saneej and John Vithayathil
The CBFC: Additional Solicitor General ARL Sundaresan
Catholic Congress: Advocate Shinu J Pillai
The RSS office bearer: Senior Advocate P Sreekumar
