Recent Events
An advocate by the name of Nizam Pasha lodged a plea with the Supreme Court to halt the release of the movie titled “The Kerala Story,” citing allegations that the film promotes hate speech. The plea was submitted on Tuesday before Justices KM Joseph and BV Nagarathna, who were urged to grant an urgent hearing as the same bench is currently overseeing another hate speech case.
During the hearing, Justice Joseph observed that the present case cannot be considered as an interim application in the pending matter, as it pertains to the certification of a movie by the Central Board of Film Certification (CBFC), a statutory authority.
“The Kerala Story” is an upcoming Hindi movie that revolves around a group of women from Kerala who join the Islamic State of Iraq and Syria (ISIS). However, the film has stirred up a controversy with the ruling CPI(M) and the opposition Congress party in Kerala, who have accused it of being a propaganda movie that promotes a fake narrative and agenda of right-wing organizations.
Despite the criticism, the film is scheduled to release on Friday, May 5th.[i]
High Court
Kerala High Court has stated that filing petitions against movies, such as “The Kerala Story,” may lead to unnecessary publicity. However, the court sought a response from the Central government and the movie’s producers regarding a plea filed by advocate Anoop VR. The plea seeks a stay on the release of the movie. During the hearing, Justice Nagaresh raised concerns about the court’s ability to interfere with works of art, questioning the need for such petitions to be filed in the first place.
Advocate Kaleeswaram Raj, representing the petitioner, argued that the movie teaser included hateful language and was derogatory towards the state of Kerala. However, the bench questioned whether the teaser could be considered a form of art rather than hate speech.
Raj responded by pointing out that even in the teaser, which is the only part of the movie currently available to the public, there are claims that it is based on true events. This, according to Raj, is an insult to the state and its people. Raj went on to suggest that if the court does not consider this to be hate speech, then it is difficult to determine what else would qualify as such.
In the court hearing, it was argued by Senior Advocate S Sreekumar, representing the movie’s producer, that the teaser had been initially released on social media and had already been approved by the Censor Board.
It was further stated that the petitioner had raised an objection on the eve of the release. A previous Supreme Court judgment in the Padmaavat case was also referred to.
However, concerns were raised by Advocate Raj over whether the teaser and trailer had received clearance from the Censor Board. Raj argued that the certificate issued by the Censor Board was based on a limited evaluation of the movie and that the contents of the teaser and trailer were “absolutely toxic.”
It was emphasized by Raj that the current challenge was focused solely on the teaser of the movie and demanded to know whether it had been certified by the Board.
“The teaser is still available, and it is currently being challenged. While an expert committee may be required to evaluate the film itself, that is a matter for another day. Right now, I want to know whether the teaser has been certified,” Raj stated firmly.
During the court hearing, Deputy Solicitor General S Manu stated that a similar matter was currently awaiting a decision by the Supreme Court. He also refuted the petitioner’s claim that the certificate had been issued on a partial evaluation, arguing that it was merely the opinion of a few individuals.
“I am not seeking a ban on the film. The rule of law must be upheld. I simply want to confirm whether the teaser has been certified or not. If this court does not do so, then nobody can,” Raj asserted.[ii]
The court eventually requested a response from the respondents regarding the Censor Board clearance and adjourned the matter for further consideration on May 5th.
Written by-Sohini Chakraborty
[i] Abhimanyu Hazarika, Plea before Supreme Court alleges film The Kerala Story promotes hate speech; court says move High Court first, https://www.barandbench.com/news/plea-before-supreme-court-alleges-film-the-kerala-story-promotes-hate-speech-court-move-high-court-first
[ii] Giti Pratap, After Supreme Court, plea in Kerala High Court against movie The Kerala Story; HC says such petitions give unnecessary publicity to films, BarandBench, https://www.barandbench.com/news/supreme-court-plea-kerala-high-court-movie-the-kerala-story-unnecessary-publicity-to-films
