Kerala High Court on Thursday issued a notice to the makers of Hindi feature film ‘Kerala Story-2’. This notice was issued during the hearing on the writ petition, in which the certification given to the film by the Central Board of Film Certification (CBFC) has been challenged.
In the petition, objection has been raised to the teaser and trailer of the film. The petitioner says that the publicity material has depicted women from different states being forced into religious conversion by ensnaring them through love affairs. Although the alleged story is said to be spread across several states, the title of the film presents incidents like terrorism, forced conversion and demographic conspiracy as being linked to Kerala only.
Expressed this objection regarding the film
In the petition, objection has also been registered on the Hindi slogan given at the end of the teaser ‘Ab Sahenge Nahi, Ladenge’. The petitioner argues that this slogan appears to call for retaliatory action and is likely to incite communal tension.
It has been alleged in the petition that CBFC did not properly follow the statutory provisions prescribed under Section 5B of the Cinematograph Act, 1952. According to this section, certification cannot be given to films which are against public order, decency or morality or have the potential to incite crime.
The petitioner has also cited the case related to the film The Kerala Story, released in the year 2023, which was heard in the Supreme Court. At that time, the producers had agreed to add a disclaimer clarifying that authentic data was not available for some of the figures presented in the film. The story is partly fictional.
The petition said that despite earlier judicial scrutiny, the sequel was certified without adequate testing, while the potential impact of its content on communal harmony and regional dignity could be serious. Although the petition accepts that freedom of expression is protected under Article 19(1)(a) of the Constitution, it also highlights that this freedom is subject to reasonable restrictions in the interest of public order.
When will the next hearing be held?
Apart from this, citing sections 196 and 197 of the Indian Judicial Code, 2023, it has been claimed that the content of the film may promote enmity between religious or regional groups. The next hearing of the case has been scheduled for Tuesday.
