The Supreme Court closed proceedings in petitions concerning the 2023 film The Kerala Story, while keeping open the broader legal question of whether and how the certification granted to a film by the Central Board of Film Certification (CBFC) can be challenged.
On August 21, Friday, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana dealt with three petitions related to the film. One petition, filed by its producers Sunshine Pictures Pvt Ltd and Vipul Amritlal Shah against the West Bengal government’s decision to prohibit its screening, was withdrawn. The Supreme Court had earlier stayed the ban in May 2023.
The other two petitions were filed by Qurban Ali and BR Aravindakshan, seeking cancellation of the film’s CBFC certificate. Their counsel, advocate Nizam Pasha, argued that the issues raised in the petitions had not become irrelevant merely because the film had already been released. He also pointed out that The Kerala Story remains available on OTT platforms. The movie, which had many violent scenes, including sexual violence, had received a U/A certification, which means even children can watch the movie with parental guidance.
Pasha told the court that the petitioners had initially moved the Supreme Court in connection with an interim order of the Kerala High Court. The High Court later disposed of the case after taking note of the fact that the matter was already before the Supreme Court.
The lawyer also drew attention to a larger legal issue: while a producer has a statutory avenue to challenge CBFC certification, people who object to the content of a certified film may not have a similar statutory remedy. He sought the court’s intervention on this question and also called for broader safeguards against films that promote hate speech.
“Guidelines have to be laid down for films that promote hate speech,” Pasha submitted.
Chief Justice Surya Kant suggested that a separate, comprehensive writ petition could be filed if general guidelines were being sought.
The bench observed that since the film had already been released, the immediate petitions had become infructuous. However, it specifically recorded that the legal question surrounding challenges to film certification would remain open, allowing the parties to pursue appropriate proceedings in the future.
The Kerala Story, directed by Sudipto Sen and produced by Vipul Amritlal Shah, became the centre of intense political and social controversy after its release in 2023. Its original promotional claim that 32,000 women from Kerala had been converted to Islam and recruited into ISIS was widely disputed and criticised.