Censorship – Kerala High Court Halts Release of Controversial Film
Censorship – The Kerala High Court has temporarily blocked the release of the film “The Kerala Story 2-Goes Beyond,” raising serious concerns about the manner in which it was cleared by the country’s film certification authority.
Court Questions Certification Process
On Thursday, Justice Bechu Kurian Thomas issued an interim stay on the film’s release while hearing two separate petitions that challenged its certification. The movie had been slated to hit theatres on February 27.
In his order, the judge observed that there appeared to be a prima facie lack of proper consideration by the Central Board of Film Certification (CBFC) while granting approval to the film. The court indicated that the material placed before it suggested that due care may not have been exercised during the certification process.
The interim stay will remain in force until the matter is examined in greater detail in subsequent hearings.
Concerns Over Social Harmony
A significant aspect of the court’s remarks centered on the broader responsibilities of the certification body. The judge noted that established guidelines require authorities to ensure that films do not disturb communal peace or undermine social harmony.
According to the order, these safeguards did not appear to have been fully followed when the film was cleared. While the court did not offer a final opinion on the film’s content, it signaled that the concerns raised by the petitioners warranted judicial scrutiny.
The petitions argued that the film could potentially create divisions or tensions within society, and therefore required more careful evaluation before being allowed for public exhibition.
Legal Challenge Ahead of Scheduled Release
The case reached the High Court just days before the film’s planned release date. With promotional activities already underway, the interim stay has effectively paused its theatrical rollout.
Legal experts note that interim orders of this nature are typically granted when the court believes that immediate intervention is necessary to prevent possible harm. In this instance, the court appears to have considered the balance between freedom of expression and the need to maintain public order.
The production team behind the film has not yet issued a detailed public response to the stay order. It remains to be seen whether the filmmakers will seek an urgent hearing or move a higher court to challenge the decision.
Role of the Certification Authority
In India, the Central Board of Film Certification is responsible for reviewing and approving films prior to release. The board is expected to follow statutory guidelines that include assessing whether a film’s content could incite violence, promote disharmony, or offend community sentiments.
The High Court’s observation of possible non-application of mind suggests that the certification process itself may come under closer examination in the coming hearings. If the court finds procedural lapses, it could have broader implications for how films are reviewed and cleared in the future.
At this stage, the stay is temporary, and the court has not made any final determination on the merits of the film or the petitions. The matter will continue to be heard in the coming days, during which both the petitioners and the certification authority are expected to present detailed arguments.
For now, the release of “The Kerala Story 2-Goes Beyond” remains on hold, pending further judicial review.