The Kerala High Court on Tuesday questioned the Central Board of Film Certification (CBFC) over the clearance certification granted to the controversial film, The Kerala Story 2: Goes Beyond. The sequel to Vipul Shah’s The Kerala Story, starring Adah Sharma, claims to be inspired by ‘true stories’ as it depicts how women are manipulated and coerced into religious conversion in the name of love.
The Kerala Story 2 case
Recently, three petitions were filed, seeking a stay on the film’s release.
According to Bar and Bench, Justice Bechu Kurian Thomas, who was considering the stay and cancellation of its certification, emphasised the role of the CBFC.
Justice Thomas said, as per Bar and Bench, “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 into the picture.”
The judge stated that the concerns raised by the petitioners regarding misrepresentation and the potential to incite communal tensions appeared to be justified, especially since the film claims to be based on true events.
“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.
The court also considered that the name of the state is included in the title of the film, and hence, people’s apprehensions cannot be ignored.
‘The Kerala Story 2 can create communal tension’
“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 art, but then you say it is inspired by true events and named it Kerala, which can create some communal tension,” the judge observed.
Justice Thomas also asked whether the film adheres to CBFC guidelines that prohibit content contemptuous of racial, religious, or similar groups.
“See, freedom of creativity is there, but there are certain conditions by the CBFC to be followed. The 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 a great bearing,” Justice Thomas remarked.
Senior Advocate S Sreekumar, who is representing the makers of The Kerala Story 2, agreed to remove the teaser of the film from all platforms until the court’s verdict.
Kerala HC to watch The Kerala Story 2
Meanwhile, the court has also asked for a screening of the film for Justice Thomas before delivering the verdict in the case.
“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,” the judge said.
One of the petitioners argued today that the film title includes Kerala, while it features a pan-India story. The petitioner also cited the recent case around Netflix’s Ghuskhor Pandit.
Live Law reported that the filmmakers, on the other hand, argued that the film’s certification creates a presumption in their favour. However, the court observed that the central government itself has laid down certain conditions that must still be followed.
“The presumption can be rebutted by the movie itself. Once the movie is released, it is not just a creation. You are saying it is inspired by true events. It has a great bearing…In bold letters, you are saying inspired by a true event. And in very microscopic letters, you would have said the characters are all fictional,” the court said, as per Live Law.
The Kerala Story 2 teaser
While the petitioner further argued that the teaser of the film was being exhibited without gaining a censor certificate, the film’s production team said that the content in the teaser is not a part of the actual movie.
To this, the court asked the makers, “Can you arrange for a movie watching for tomorrow? If you are saying that the content in the teaser is not in the movie, then there might be a point.”
The producer of the film has been granted time until 2 PM to inform the court of the possible screening of The Kerala Story 2.
