Kochi: The Kerala High Court on Thursday issued notice to the producers of the Hindi film The Kerala Story 2 Goes Beyond in a writ petition challenging the certification granted to it. Justice Bechu Kurian Thomas passed the order.

The film, directed by Kamakhya Narayan Singh, has drawn criticism following the release of its trailer, with allegations that it portrays Kerala negatively. Taking to his Facebook page,  Chief Minister Pinarayi Vijayan termed the movie a propaganda film of Sangh Parivar aimed at destroying secularism in the State.

According to the petition, the challenge focuses on the teaser and trailer, which depict women from different States allegedly being enticed into relationships and forced into religious conversion. Although the storyline spans multiple regions, the petitioner contends that the title “The Kerala Story 2 Goes Beyond” unfairly links alleged incidents of terrorism, forced conversion and demographic conspiracy solely with Kerala.

The teaser ends with the Hindi slogan “Ab sahenge nahin… ladenge” (“We will not tolerate it anymore… we will fight”), which the petitioner claims could be interpreted as a call for retaliation and may incite communal discord.

The plea argues that the Central Board of Film Certification failed to adequately apply the safeguards under Section 5B of the Cinematograph Act, 1952, which prohibits certification of films that threaten public order, decency, morality or are likely to incite offences.

The petition also references the controversy surrounding the first instalment, 'The Kerala Story'. During proceedings before the Supreme Court of India, the producers had agreed to include a disclaimer clarifying that there was no verified data supporting certain figures cited in the film and that it was a fictionalised account.

Despite that earlier scrutiny, the petitioner claims the sequel has been certified without sufficiently examining its potential impact on communal harmony and the State’s reputation.

While acknowledging that freedom of speech under Article 19(1)(a) is protected, the petitioner argues that it is subject to reasonable restrictions in the interest of public order and prevention of incitement. The plea contends that the film’s title and depiction amount to prejudicial stereotyping of a regional identity, thereby infringing rights to equality, dignity and reputation.

Alleging non-application of mind by the CBFC, the petitioner says certification was granted without suggesting edits, disclaimers or reconsideration of the title. The plea also invokes Sections 196 and 197 of the Bharatiya Nyaya Sanhita, 2023, contending that the film’s content may promote disharmony between religious or regional groups.

Before approaching the High Court, the petitioner filed a revision petition before the Central Government under Section 6 of the Cinematograph Act, seeking reconsideration of the certification and a stay on the film’s release pending a decision. However, citing the imminent release, the petitioner argues that the statutory remedy would be ineffective without interim relief from the Court.

The petitioner has sought quashing of the certification and a direction for fresh consideration in light of statutory and constitutional safeguards. Alternatively, it has sought suspension of the film’s release pending disposal of the revision petition, or modifications including reconsideration of the title and insertion of adequate disclaimers.

The matter is scheduled for further hearing on February 24.
(With Live Law inputs)