The Kerala High Court stayed release of the film The Kerala Story 2 – Goes Beyond, questioning certification by the Central Board of Film Certification. Justice Bechu Kurian Thomas directed reconsideration, noting prima facie lack of due diligence in granting approval.
KERALA: The Kerala High Court has temporarily halted the release of the film ‘The Kerala Story 2 – Goes Beyond’. This decision came during the hearings of petitions challenging the film’s certification by the Central Board of Film Certification (CBFC).
Justice Bechu Kurian Thomas issued an interim order directing the CBFC to revisit the certification granted to the film. The court noted a “prima facie” lack of due diligence by the CBFC when granting this certification.
The petitioners argued that the portrayal in the film could potentially incite communal disharmony, prompting the court to direct the CBFC to consider the revision petitions filed against the film’s certification within two weeks.
Until the CBFC re-evaluates the film, the court has ruled that it cannot be released. The bench highlighted its hesitance in interfering with film releases but asserted that intervention is necessary when there is a genuine potential for incitement of communal tension.
Background of the Case:
The controversy surrounding ‘The Kerala Story 2 – Goes Beyond’ is not entirely new. It is a sequel to the first installment, which faced backlash for allegedly misrepresenting the phenomenon of religious radicalization and the recruitment of women from Kerala into terrorist organizations. The current petitions echo similar concerns, focusing on the potential harm to the state’s image.
One of the petitioners, Sreedev Namboodiri, criticized the film’s title and promotional content, claiming it unfairly stigmatizes Kerala. He specifically cited a line from the teaser: “ab sahenge nahin… ladenge” (we will not tolerate it anymore, but will fight), arguing that such rhetoric could incite violence and communal strife.
Another petitioner, Freddie V Francis, sought a ban on the film, contending that the title unjustly associates Kerala with terrorism and forced conversions. He labeled these portrayals as “marketing of hate” and argued that the film’s claim of being based on true events was misleading.
Constitutional Concerns:
The petitioners argued that the film’s certification violated their rights under Articles 14 (right to equality), 21 (right to life and liberty), and 19(1)(a) (freedom of speech) of the Indian Constitution. A third petition by advocate Athul Roy also sought to question the film’s certification and its title.
The court opted to dismiss Roy’s petition while proceeding with the interim orders for Namboodiri and Francis.
Arguments from the Producers and Conclusion:
In response, senior advocate S. Sreekumar, representing the film’s producers, raised questions regarding the petitioners’ standing. He argued that they were not personally harmed by the film’s release and claimed their grievances should be framed as public interest litigation, rather than private petitions.
Sreekumar maintained that the film had already cleared all legal requirements and received CBFC approval. He further emphasized that the high court should not substitute its opinion for that of the CBFC, an expert body in film certification.
The producers contended that the film’s multi-state narrative warranted the use of the term “Kerala” in the title, asserting that the addition of “Goes Beyond” signifies the story is not limited to Kerala alone.
Conclusion:
The Kerala High Court’s decision to stay the release of ‘The Kerala Story 2 – Goes Beyond’ underscores the delicate balance between artistic expression and communal harmony.
With the CBFC directed to reassess its certification, the outcome of this case may have lasting implications for the portrayal of sensitive issues in Indian cinema.
As the situation unfolds, it raises important questions about the responsibilities of filmmakers and the impact of their narratives on societal perceptions.
Case Title: Sreedev Namboodiri v. Union of India & Ors
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