CBFC did not apply mind: HC on certification of ‘The Kerala Story 2’

In its interim order staying the release of 'The Kerala Story 2 - Goes Beyond', the Kerala High Court on Thursday said the Central Board of Film Certification (CBFC) showed a prima facie "manifest absence of application of mind" while granting certification to the film.

In the order, Justice Bechu Kurian Thomas noted that dissemination of content with a tendency to create discord, disturb law and order, or undermine social harmony cannot fall within the ambit of freedom of speech and expression under Article 19(1)(a) of the Constitution.

The court referred to the Central Government's certification guidelines, particularly clause (xii), which states that visuals or words contemptuous of racial, religious or other groups should not be presented; clause (xiii), which bars visuals or words promoting communal, obscurantist or anti-national attitudes; and clause (xvii), which mandates that public order should not be endangered. Prima facie, these guidelines did not appear to have been borne in mind by the CBFC while granting the film a UA16+ certificate, the court said, adding that there was a manifest disregard of applicable law.

The judge also cited the Supreme Court's observations in Atul Mishra v. Union of India, noting that it is constitutionally impermissible for anyone, through any medium, to vilify or denigrate a community on the basis of religion, language, caste or region. Referring to the ruling in Rangarajan's case, the court observed that while one film on a social issue may not significantly affect attitudes, continual exposure to films of a similar character can produce change.

In that context, the court said the repeated portrayal of a similar theme in a sequel of almost the same name and concept, as evident from admitted scenes, could create contempt for a religious group in the state and even for the state itself, promote communal or fanatical attitudes, and endanger public order. It added that there is a possibility that Kerala, otherwise known for communal harmony, could be identified by viewers across the globe as a hub of fanaticism and communal divide.

The court noted that, apart from the CBFC and perhaps the producers, no one else had watched the full movie and that it would be premature to conclude on the merits of the allegations. However, the Central Government Counsel conceded that the screenshots produced were part of the film and had not been subjected to any excision. The allegedly offensive portions include the epigraph "Inspired by true events"; the dialogue "Our mission is to convert Hindu girls"; and the title inscription stating, "And Sharia law will be enforced across all of India.”

The petitioner, Freddy Francis, a Kerala native working in Spain, has specifically pleaded that he has been subjected to severe racial profiling due to the allegedly defamatory content of the prequel, 'Kerala Story'. He contended that the first film made it difficult for him to live and work abroad and that the sequel, based on circulated visuals, depicts the state as a terror hub and unsafe space for daughters, affecting him personally.

The interim order was passed on applications challenging the certification granted to the film, which had been slated for theatrical release before the High Court stayed it and directed the CBFC to re-examine the issue.

The film is a sequel to 'The Kerala Story', which revolved around the alleged recruitment of women from Kerala by the Islamic State of Iraq and Syria. The earlier film had drawn widespread criticism over its depiction of religious radicalisation and concerns about its impact on the state's image.