The banning of the film The Kerala Story: Politicization, communalization, and secularization too with Ideology (2)
The Kerala Court refused to stay the release of the film: The Kerala High Court on Friday refused to stay the release of the controversial film ‘The Kerala Story’, which hit theatres today, 05-05-2023[1]. However, the Division Bench comprising Justice N. Nagaresh and Justice Sophy Thomas, recorded the submission of the producer that the teaser of the movie, which claimed that over 32,000 women from Kerala were recruited to ISIS, will be removed from their social media accounts[2]. Refusing to stay the release of the film the Court observed that the film only saysit ‘inspired by true events’. The bench also noted that the Central Board of Film Certification (CBFC) has certified the film for public viewing. The bench also watched the trailer of the film and opined that there was nothing offensive to any particular community in it. The bench also noted that none of the petitioners has watched the film and that the producers have added a disclaimer that the film is a fictionalised version of events. “There is something called freedom of speech and expression. They have artistic freedom, we have to balance that also”, Justice Nagaresh orally stated while refusing to grant an interim order.
The Kerala Judge pointed out the contradictions: “What is there in the film that is against Islam? There is no allegation against a religion, but only against the organization ISIS”, Justice Nagaresh orally remarked during the hearing. The bench on the request of the petitioners, viewed the trailer in open court today. “This is fiction. There are no ghosts or vampires, but there are a large number of movies showing the same.” the Court remarked during the hearing. “There are many movies in which Hindu Sanyasis are shown as smugglers and rapists. No one says anything. You may have seen such movies in Hindi and Malayalam. In Kerala we are so secular. There was a movie where a pujari spit on an idol and no problem was created. Can you imagine? It is a famous award winning movie“, Justice Nagaresh orally said.
The Kerala State government defended the ban: Senior Advocate Dushyant Dave appearing for one of the petitioners stated that “the impact of film today is much greater on minds of people today than books can ever be. This may create serious public law and order problem” he submitted. “I am also a strong advocate of freedom, but if the freedom is likely to poison minds of innocent people and threaten public order, such freedom must be curtailed” Dave added. Dave urged the court to bear in mind the constitutional ideal of fraternity while examining the matter. “Fraternity in society is very important, it is part of the basic structure”. The court remarked that the film was not based on historical facts that it was merely a story, to which Dave responded, “Please see what is the purpose of the fiction. Purpose of fiction is to portray Muslim community as villains. Isolated incidents cannot be made to seem like the truth and made into a movie.”
Advocates argued the State of Kerala State has been different in the context: Sr. Adv. George Poonthottam submitted that the theme of the film to project Kerala as a centre of all terrorist activity. However, the court stated “after all this is a fictional story. Merely because some religious head is shown in bad light, it cannot be basis to ban the movie.”Advocates P A Mohammed Shah appearing for one of the petitioners stated that “Parents will think I cannot send my children to hostels in which Muslim students also stay, they will get converted. That is the impression that they are creating here.” He went on to state, “they say that only Hindu and Christian girls are being targeted and their parents should be careful. When they say it is a true story, what will be the mindset of the parents?”.
Advocates pointed out the reality also: Advocate Kaleeswaram Rajsubmitted that this is a novel case where the Court was being called upon to consider whether hate speech could be in the form of art. Sr Adv Ravi Kadamappearing for the producer of the film stated that they have put a disclaimer and stated that it is a work of fiction. “It is only ‘inspired’ by true events. In a film, things are always dramatized. Otherwise, no one will watch it.” Justice Nagaresh asked Kadam from where did they get the figure of 32,000 women being converted. Kadam replied that the numbers were based on the information which the makers got; however, he agreed to remove the teaser, which made the claim. The film, ‘The Kerala Story’, claims to be based on true events that took place in the state of Kerala, where Hindu and Christian girls were trapped in “Love Jihad,” and converted to Islam and sent on missions to Syria, Iraq, and Afghanistan on behalf of ISIS. The movie is about the journey of four college-going females from Kerala who end up joining the Islamic State. Separate pleas had thus been moved in the High Court seeking a stay on the release of the movie.
Arguments for and against: Advocate Kaleeswaram Raj appearing on behalf of one of the petitioners, Adv. Anoop V.R., had averred that the film which claims to be based on true stories, “diminishes the dignity of the State and people as a whole, and is an insult to the State”. Advocate Rakesh K. appearing on behalf of another petitioner Thamannah Sulthana, submitted that the film intended to “malign the mindset of the general public”, and had a “serious detriment insofar as the maintenance of law and order is concerned”. A similar plea has also been moved by the State Secretariat member of the Indian Union Muslim League (IUML), C Syam Sundar represented by Advocates P A Mohammed Shah, Renoy Vincent, Shahir Showkath Ali, Chelson Chembarathy, Muhamed Junaid V and Shilu Sebastian. Senior Advocate Ravi Kadam, Adv Ameet Naik, Adv. Madhu Chaudhary, Adv. Sujoy Mukherjee, Adv. Nithyaesh Natraj and Adv Shilpa Soman appeared for Vipul Shah, the producer of the film. Sr Advocate Sreekumar, Adv. Thomas Anakkallunkal, Adv. Vaibhav Venkatesh and Adv. Vijay V Paul appeared for the production company, Sunshine Productions. The Court vide its Order dated May 2, 2023 had sought the response of the Centre and the Producers of the film.
18-05-2023 – The Supreme Court vacated the ban on the film: A three-judge bench presided by Chief Justice of India D Y Chandrachud also asked the Tamil Nadu government to provide adequate security to cinema halls which screen the film, and to those who want to watch it[3]. “Prima facie, we are of the view at this stage that the prohibition which has been imposed by the state of West Bengal suffers from overbreadth,” said the bench, which included Justices P S Narasimha and J B Pardiwala[4]. Saying that the “statutory requirements for the imposition of such a prohibition have not been fulfilled on the basis of the material which has been disclosed in the counter affidavit”, the bench ordered: “Hence, the order of the Additional Secretary of the Government of West Bengal in the Department of Information and Cultural Affairs dated May 8, 2023 shall remain stayed.”
- Recording the Tamil Nadu government’s counter-affidavit, stating that there is no direct or indirect ban on the film in the state, the court said: “We direct that adequate security shall be provided for every cinema hall and requisite arrangements shall be made to ensure the safety of moviegoers who wish to see the film in any theatre in the state”.
- On the dispute over the film’s claim that 32,000 women had gone missing, the filmmakers agreed to include a disclaimer stating that “there is no authentic data to back up the suggestion that the figure of conversion is 32,000 or any other established figure” and that “the film represents a fictionalised account of the events which form the subject matter of the film”.
- Appearing for the producer, Senior Advocate Harish Salve said the film already has a disclaimer which says it is a “fictionalsed and dramatised” version of the events. He, however, agreed that the additional disclaimer “will be added… no later than by 5 pm on May 20”.
- The court said it will also hear appeals against the Madras High Court order, which had dismissed the challenge to the film, and the Kerala High Court order, which refused to grant an interim stay on its release, in the second week of July, after it reopens.
- The bench said it would watch the film. “We have given our mind prima facie. We have introduced the disclaimer. We are going to define the doctrine. We will also look at what should be permissible and what would not be permissible… certainly, there are certain aspects of this case which require us to consider… we will look at the film,” the CJI said.
© Vedaprakash
19-05-2023
[1] Live Law, Kerala High Court Refuses To Stay “The Kerala Story” Exhibition; Producer Agrees To Remove Teaser Claiming Conversion Of 32,000 Women, Navya Benny & Sheryl Sebastian, 5 May 2023 12:47 PM.
[2] https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-refuses-to-stay-the-kerala-story-exhibition-producer-agrees-to-remove-teaser-claiming-conversion-of-32000-women-228015
[3] Indian Express, Supreme Court stays West Bengal govt order banning film ‘The Kerala Story’, Written by Ananthakrishnan G , New Delhi | First published on: 18-05-2023 at 15:21 IST; Updated: May 19, 2023 03:39 IST
[4] https://indianexpress.com/article/india/sc-order-west-bengal-ban-the-kerala-story-8616483/