The Kerala High Court on Tuesday questioned the Central Board of Film Certification (CBFC) over the certification granted to the contentious movie 'The Kerala Story 2 - Goes Beyond'. The Court on observed that the movie depicts a state like Kerala where everyone lives in communal harmony in a wrong light.
The court also observed that using the state's name and claiming the film is based on true facts can lead to communal tensions in the state.The Court also said that it will watch the movie in order to decide the three petitions which have sought a stay on the film's release and cancellation of its certification over concerns that it may cause communal rife.
Justice Bechu Kurian Thomas emphasised that the CBFC has a crucial role to play when the movie seemingly shows a secular state like Kerala through a communal lense."Kerala is so secular. It lives with total harmony but have you considered this when something is portrayed as happening all over the state? There is a wrong indication and can even incite passion and that is when the censor board (CBFC) comes in picture", he said.
The judge observed that since the film claims to be based on true events, the concerns raised by the petitioners regarding misrepresentation and inciting communal tensions seemed justified."The film is projected as being inspired by true events and that, prima facie shows that the concerns raised by the petitioners appear to have some justification", Justice Thomas said.Justice Thomas orally remarked that considering the fact that the name of the State is included in the title of the film, the apprehensions of the people of Kerala cannot be ignored.
"Apprehensions of people in Kerala cannot be ignored because you have given the name Kerala. Normally, I do not interfere with any movie because it is a creation of an art but then you say it is inspired by true events and named it Kerala, which can create some communal tension", Justice Thomas said.
Justice Thomas also questioned whether the film complies with notifications issued by the CBFC itself which bars visuals or words contemptuous of racial, religious, and other similar groups."See freedom of creativity is there but there are certain conditions by the CBFC to be followed. Question is are you aware of that. Presumption can be reversed by the movie itself but this is not just creation, you say it is inspired by true events. That has great bearing," Justice Thomas remarked.
Senior Advocate S Sreekumar, representing the producers, agreed to remove the teasers that have been released thus far, until the Court passes its verdict.He also said that a screening could be arranged so that Justice Kurian could watch the film before deciding the case.The judge said that he will watch the movie tomorrow.
Justice Thomas reiterated that while the Court usually refrains from infringing upon artistic freedom, the issue at hand requires serious consideration considering the religious theme of the film."I don’t want to interfere with the artistic expression but the law and guidelines laid down indicate certain restrictions, when it comes to religious matters," he said.
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