Kerala High Court Today (July 9) asks CBFC to give censor certificate to Malayalam film of BJP’s Suresh Gopi after producers agree to two small changes. Court says there’s no problem using the name ‘Janaki’ for a rape survivor.
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KOCHI: The Kerala High Court ordered the Central Board of Film Certification (CBFC) to give censor certificate to the Malayalam movie JSK: Janaki v State of Kerala, which stars BJP Union Minister Suresh Gopi, after the filmmakers agreed to two small changes that CBFC asked for.
Earlier, Justice N Nagaresh had personally watched the movie on July 5 in a Kochi studio. He clearly said that-
“No reason why a rape survivor fighting for justice couldn’t be named ‘Janaki’”.
He also strongly criticised CBFC for interfering in the filmmaker’s right to freedom of speech and creativity.
On Wednesday, CBFC’s lawyer, advocate Abhinav Chandrachud, told the court that although the CBFC had earlier asked for 96 cuts in the film Janaki v State of Kerala, now they were only asking for two changes.
The first change is about the title of the movie. CBFC wants the name ‘Janaki’ in the subtitle ‘Janaki v State of Kerala’ to be changed to ‘Janaki V’ or ‘V Janaki’, which matches the full name of the character, Janaki Vidhyadharan.
The second change is about one courtroom scene in the film. In that scene, the name ‘Janaki’ is spoken during cross-examination. CBFC wants the name to be muted at that part.
Advocate Haris Beeran, who appeared for the filmmakers, said they agree with the first change easily. At first, he argued against the second change, but later he told the court that the filmmakers were ready to make that change too.
Chandrachud then told the court that once the updated version of the film is submitted, CBFC will give the censor certificate within three days.
The court accepted these developments and gave the following direction:
“The petitioner is directed to submit the revised/modified version at the earliest. There will be a further direction to the CBFC to issue the censor certificate within a further period of three days. Post after 1 week.”
This film tells the story of a rape survivor named Janaki. It was first planned to release on June 27. But due to the delay from CBFC, the production house, Cosmos Entertainments, filed a writ petition in the High Court. They said they applied for the censor certificate on June 12 through the online system, but the certificate was not given.
The filmmakers also told the court that earlier the teaser trailer of the movie was approved by CBFC without any objection. But now the full movie was facing delay because of the title and the main character’s name ‘Janaki’. The producers highlighted that ‘Janaki’ is also another name for Goddess Sita and that was being used as an excuse to delay the film.
They said this delay was not just unfair but also caused heavy financial losses. More importantly, they said this delay was violating their fundamental rights under Articles 19(1)(a) and 19(1)(g) of the Indian Constitution, which protect freedom of speech and the right to do business.
CBFC, on the other hand, said that using the name ‘Janaki’ in a film that deals with sexual violence and has explicit content could hurt religious feelings.
After the first petition was filed, the Revising Committee of CBFC watched the movie and sent a show-cause notice. In that notice, CBFC asked the filmmakers to remove the name ‘Janaki’ from the movie’s title, dialogues, and script.
This led to a second petition from the filmmakers. They challenged the power of the Revising Committee to make such a demand.
In its detailed reply (affidavit) to the court, CBFC said that their concern was not only about the religious name but more about how the character was shown in the movie.
CBFC said the character named ‘Janaki’ is shown as a rape survivor who goes through a lot of trauma. She is also asked very hurtful and embarrassing questions in a courtroom.
CBFC added in its affidavit:
“In the subject film, when the lead character who is named after Goddess Sita/Janaki is raped, she is then aided by a man belonging to one particular religious community and is cross examined and asked harrowing questions by a person belonging to another religious community. This religious dichotomy in the treatment of a character bearing Goddess Sita’s sacred name has the potential to inflame communal tensions and create divisive narratives between religious groups.”
CBFC said this kind of portrayal is disrespectful to the image of Goddess Sita and may cause religious tension.
The Court will hear the matter again next week, after seeing the updated version of the movie and actions taken by CBFC.
Advocate Haris Beeran, along with advocates Anand B Menon, Azhar Assees, and Nabil Khader, represented the producers in court.
Advocate Abhinav Chandrachud appeared for CBFC.
EARLIER IN KERALA HC
The Kerala High Court on July 2 said it would personally watch the Malayalam movie JSK: Janaki v State of Kerala before deciding on the objection raised by the Central Board of Film Certification (CBFC). The movie stars BJP Union Minister Suresh Gopi and tells the story of a rape survivor named Janaki.
Justice N Nagaresh said he will watch the full movie on July 5 in a studio that will be selected by the film’s production company. The judge had earlier mentioned that he could not understand why a rape survivor in a movie could not be named Janaki. He also strongly criticised the CBFC’s interference with freedom of speech and creativity.
“I see no reason why a rape survivor fighting for justice cannot be named Janaki”,
-the judge had said, clearly supporting the filmmaker’s right to use the name.
The film was originally planned for worldwide release on June 27. But the release got delayed because CBFC did not issue a censor certificate. The production company, M/s Cosmos Entertainments, filed a petition in the Kerala High Court. They said that even though they submitted the application online on June 12, the CBFC did not respond in time.
According to the producers, the teaser of the film was already approved by CBFC earlier without any issue. But now the full film was stopped only because of objections related to the title and the main character’s name, ‘Janaki’. The CBFC felt that the name Janaki was not suitable because it is another name for the Hindu goddess Sita.
As stated by the petitioner, CBFC never gave any official reason at first. The delay was because of some informal concerns about the title and the character name. The production company argued that this delay violated their right to freedom of expression under Article 19(1)(a) and Article 19(1)(g) of the Indian Constitution. They also mentioned they were suffering big financial losses because of the delay.
Later, after the petition was filed, CBFC’s revising committee watched the movie and sent a notice to the production company. The notice said that they had a problem with the name of the main character — Janaki.
CBFC argued that “the name Janaki refers to Hindu goddess Sita” and using it in a movie that shows “sexual violence and mature themes” could hurt religious feelings.
But the Kerala High Court kept questioning this stand. The judge said that religious names have been used many times in Indian movies for titles and characters.
The Court asked the Deputy Solicitor General to explain clearly why CBFC refused to give certification to the film. The production company then filed a second petition, this time directly challenging the CBFC Revising Committee’s decision.
On the latest hearing, senior advocate Abhinav Chandrachud appeared for CBFC. He requested the Court to give more time so that they could file a detailed reply to both the petitions.
The Court agreed to this and decided that it will watch the full film on July 5.
After watching the movie, the Court will hear both sides again on July 9.
The production company, M/s Cosmos Entertainments, was represented in Court by advocates Haris Beeran, Anand B Menon, Azhar Assees and Nabil Khader.
The Kerala High Court on June 30 showed strong confusion and surprise over the Central Board of Film Certification (CBFC) objecting to the name ‘Janaki’, the title character of the Malayalam movie JSK: Janaki v State of Kerala, starring Union Minister Suresh Gopi. The film tells the story of a rape survivor who seeks justice.
Deputy Solicitor General of India (DSGI) OM Shalina informed the court that the name ‘Janaki’ is another name for the Hindu goddess Sita, and using such a name could hurt religious sentiments. According to her, this may violate rules that do not allow using names or themes that could be seen as disrespectful to any religion.
In response, Justice N Nagaresh clearly expressed that he could not understand the reason behind the objection. He said:
“She is the victim? If a rapist is named Rama, Krishna, Janaki, I may be able to understand. Here she is a heroine fighting for the cause of justice.”
He also sharply criticized the CBFC, saying that it appeared to be interfering with the right to freedom of speech and expression. The judge questioned the logic and fairness of CBFC’s actions with strong words:
“Now you will dictate to directors and artists which names they should use and which stories they should tell? Why should they change the name? What is wrong with Janaki? How is it contemptuous of a religion? … That is the freedom of artists. You cannot interfere in that. It is not absolute, but you do not have a convincing reason.”
The court was listening to a petition filed by the film’s production company, M/s Cosmos Entertainments, who complained about an unusual delay in getting the film certified by the CBFC. According to the petition, the film certification application was submitted on June 12 through the CBFC’s e-cinepramaan portal, but no certificate has been issued yet, nor any formal objections raised.
The company mentioned that the film’s teaser trailer had already received CBFC approval, so they were surprised by this new delay. The petition stated:
“Even though no official communication or show cause notice have been received from the respondents, from the newspaper reports, the petitioner came to know that the censor board had directed to change in the title as well as the name of the titular character of Janaki, by citing that it refers to the Hindu goddess ‘Sita’, which shows the inconsistency and arbitrariness in the stand now taken by the Censor Board in objecting to the same title and character name at the stage of certifying the full film, despite having previously granted certification for the teaser without raising any such concerns.”
The plea also argued that since the movie was supposed to release globally on June 27, the delay was not just a procedural problem but a violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) and Article 19(1)(g) of the Indian Constitution. The delay could also result in huge financial losses for the production company.
Because of these reasons, the company requested the Court to direct CBFC to quickly issue the censor certificate.
The Kerala High Court has now ordered the Deputy Solicitor General to submit a written statement or counter-affidavit explaining CBFC’s reasons for its objections and the delay.
The production company is being represented by lawyers Advocates Anand B Menon, Haris Beeran, Azhar Assees, and Nabil Kahader.
The Kerala High Court on June 27 raised serious questions against the Central Board of Film Certification (CBFC) for its delay in giving certification to the Malayalam movie JSK: Janaki v State of Kerala, which stars BJP Leader, Union Minister and actor Suresh Gopi.
During the hearing, the Deputy Solicitor General of India (DSGI) OM Shalina, who appeared for CBFC, told the court that the board had concerns about the film’s main character being named “Janaki” — a name commonly associated with the Hindu goddess Sita.
However, Justice N Nagaresh of the Kerala High Court strongly questioned the logic behind this objection. He pointed out that many Indian movies in the past have used religious or divine names in their titles and were still allowed to release.
“Why should somebody change the name of a character? Janaki is a common name used everywhere. What religious purpose? We have movies with names Sita and Gita. Janaki is Sita. Nothing happened then. Nobody had any complaints. We have a film named Ram Lakhan. Nobody has any complaint. How come there are some complaints for Janaki now?”
The CBFC also told the court that the film deals with mature topics like sexual crimes against women and includes strong or explicit language, especially regarding women.
The film’s production company, M/s Cosmos Entertainments, had filed a petition in the High Court after the CBFC did not issue the certificate or send any official objections. According to the petition, the application for certification was submitted through the CBFC’s official e-cinepramaan portal on June 12. Still, there had been no progress.
The company mentioned that the CBFC had already approved and certified the film’s teaser trailer, which makes the current delay seem inconsistent.
The petition also highlighted that the only feedback they had received about the delay was through newspaper reports. It said that:
“Even though no official communication or show cause notice have been received from the respondents, from the newspaper reports, the petitioner came to know that the censor board had directed to change in the title as well as the name of the titular character of Janaki, by citing that it refers to the Hindu goddess ‘Sita’, which shows the inconsistency and arbitrariness in the stand now taken by the Censor Board in objecting to the same title and character name at the stage of certifying the full film, despite having previously granted certification for the teaser without raising any such concerns.”
The filmmakers also told the Court that the movie was scheduled for a global release on June 27, and the delay in issuing the censor certificate was violating their fundamental right to free speech and expression under Articles 19(1)(a) and 19(1)(g) of the Indian Constitution. They added that any further delay would result in huge financial losses and requested the Court to instruct CBFC to give the certificate quickly.
Earlier, the Court had decided to wait until the CBFC’s revising committee made a decision. That committee met on June 26 and later issued a show cause notice to the production company, asking them to remove the name “Janaki” from the film’s title, character, dialogues, and every part where it appears.
In response, the production company’s lawyer argued that the revising committee does not have the legal authority to issue such a show cause notice. The lawyer also pointed out that the movie was supposed to release worldwide today (June 27), and this delay from the CBFC was forcing them to postpone the launch.
The Kerala High Court then directed the DSGI to submit a copy of the notice sent to the production company and posted the next hearing for Monday, June 30.
The production house was represented by Advocates Anand B Menon, Haris Beeran, Azhar Assees, and Nabil Kahader.
BACKGROUND
A petition on June 25 was filed in the Kerala High Court saying that the Central Board of Film Certification (CBFC) is taking too much time to give the censor certificate for a Malayalam movie named ‘JSK: Janaki v State of Kerala‘.
This movie stars Union Minister and BJP leader Suresh Gopi and is supposed to be released worldwide on June 27.
Justice N Nagaresh looked at the matter and said that the Revising Committee of the CBFC will have a meeting on June 26. Because of this, the judge decided that the court will listen to the case again on June 27, after the committee gives its decision.
The film production company M/s Cosmos Entertainments said in its petition that they had submitted the application for censor certificate on June 12 through the official online portal of CBFC called e-cinepramaan. However, the CBFC has not yet given the certificate or told them of any official objections.
They also mentioned that earlier, CBFC had already given a censor certificate for the teaser trailer of the film.
The petitioners believe that the delay is because of unofficial concerns raised by the CBFC about the film’s title and the main character’s name ‘Janaki’, which is also the name of the Hindu goddess Sita.
The petition clearly stated:
“Even though no official communication or show cause notice have been received from the respondents, from the newspaper reports, the petitioner came to know that the censor board had directed to change in the title as well as the name of the titular character of Janaki, by citing that it refers to the Hindu goddess “Sita”, which shows the inconsistency and arbitrariness in the stand now taken by the Censor Board in objecting to the same title and character name at the stage of certifying the full film, despite having previously granted certification for the teaser without raising any such concerns,”
-the petition said.
The company said that since the film is releasing on June 27, any further delay in giving the censor certificate is against the constitutional right to freedom of speech and expression, as mentioned in Articles 19(1)(a) and 19(1)(g) of the Indian Constitution.
They also told the court that this delay will cause big financial loss which cannot be reversed.
Because of all this, the company asked the High Court to tell the CBFC to immediately issue the censor certificate for the film without more delay.
CASE TITLE:
M/s Cosmos Entertainments vs The Regional Officer.
WP(C) 23326/ 2025
Article 19(1)(a): Freedom of Speech and Expression
- This clause ensures the right of citizens to express their views and ideas through various mediums like speech, writing, printing, or any other form.
- It is considered a cornerstone of a democratic society, fostering public discourse and the free exchange of ideas.
- The Supreme Court has interpreted this right to include various aspects, such as the freedom of the press, the right to propagate one’s views, and the right to information about government activities.
- However, this right is not absolute and is subject to reasonable restrictions under Article 19(2), which include grounds like public order, decency, morality, and defamation.
Article 19(1)(g): Freedom to Practice any Profession or Occupation
- This clause guarantees citizens the right to choose and pursue any profession, occupation, trade, or business.
- This right allows individuals to earn a livelihood and contribute to the economic development of the nation.
- Similar to Article 19(1)(a), this right is also subject to reasonable restrictions under Article 19(6), which can include restrictions related to public interest, morality, or public health.
- For example, the state can impose restrictions on professions that could be hazardous to public health or safety.
In essence, both Article 19(1)(a) and 19(1)(g) are crucial for individual liberty and a functioning democracy, but they are not unlimited rights and can be restricted in the interest of the larger public good.
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