Kerala High Court Scrutinizes Film Certification Amid Sequel Controversy
A new legal battle over a controversial film sequel has put India’s film certification process under the microscope. The Kerala High Court has raised serious questions about the certification granted to “The Kerala Story 2 – Goes Beyond” by the Central Board of Film Certification (CBFC). This comes amid a swirl of online rumors and a firm denial from the film’s producers.
Makers Deny Teaser Removal, Court Orders Screening
Reports circulated on February 24th claiming the film’s promotional teaser had been removed from online platforms. The production company, Sunshine Pictures, issued a strong denial. In an official statement, they called the news “completely false, baseless, and misleading.” The company clarified that the matter is sub judice, meaning it is under judicial consideration. They confirmed that no court has ordered the removal of any content and that both the teaser and trailer remain available on their official platforms.
The legal situation developed rapidly during a court hearing. The Kerala High Court was hearing three petitions that sought to stay the film’s release and cancel its CBFC certificate. In a significant development, Senior Advocate S. Sreekumar, representing the producers, agreed to remove the existing teasers until the court delivers its final verdict. He also offered to arrange a special screening of the full film for the judge. The court has accepted this and will watch the film before proceeding with further hearings.
Court Questions CBFC’s Role and Film’s Portrayal
Justice Bechu Kurian Thomas made pointed observations during the hearing. He emphasized the significant responsibility of the CBFC, especially when a film portrays a state like Kerala. Petitioners have argued the film uses a communal lens to depict the secular state. The judge noted that Kerala is known for its secular fabric and communal harmony. He questioned whether the CBFC gave due consideration to how the state is represented in the movie.
The court expressed concern that portraying certain events as happening across the entire state could give a “wrong indication” to viewers. Justice Thomas stated that such a portrayal could potentially incite public passion. He pointed out that preventing this is precisely where the censor board’s crucial role lies. The judge also observed that since the film is projected as being inspired by true events, the petitioners’ concerns appear to have some prima facie justification.
Controversy Over Title and Content
The court highlighted that the inclusion of the name ‘Kerala’ in the film’s title itself heightens public apprehension. The concern is that a narrative seen as divisive could lead to communal tension. This sequel follows the original “The Kerala Story,” a film that sparked major controversy. The first film depicted women from Kerala allegedly being recruited by the terrorist group ISIS.
Petitioners challenging the sequel argue its promotional material is inflammatory. They specifically point to the Hindi tagline “ab sahenge nahin… ladenge,” which translates to “now we will not tolerate… we will fight.” They contend this language could incite confrontation and disturb public order. Multiple pleas have been filed challenging the CBFC’s certification. They cite Section 5B of the Cinematograph Act, 1952, which deals with preventing films that involve defamation, contempt of court, or incitement to an offense. The petitions allege the film involves misrepresentation, regional vilification, and poses a threat to communal harmony.
What Happens Next
The legal process is now on a specific path. The matter will move forward only after the court’s scheduled screening of the full film. The judge will examine the content firsthand before making any decisions on the pending petitions. This case underscores the ongoing tension between creative expression, certification guidelines, and social harmony in India. The outcome could have implications for how films on sensitive subjects are reviewed and certified in the future.
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