Kerala High Court Challenges Certification of Controversial Film 'Kerala Story 2'

Legal Action Against 'Kerala Story 2'

Kochi: On Thursday, the Kerala High Court issued a notice to the filmmakers behind the Hindi movie Kerala Story 2 – Goes Beyond, following a writ petition that contests the certification awarded by the Central Board of Film Certification (CBFC).

The court's notice came in response to concerns raised regarding the film's teaser and trailer.

The petitioner claims that the promotional content portrays women from various states being manipulated into relationships and coerced into changing their religion. However, despite the narrative allegedly covering multiple states, the film's title links these events of terrorism, forced conversions, and demographic conspiracies solely to Kerala.

Additionally, the petition highlights a Hindi phrase in the teaser, "Ab sahenge nahin… ladenge (We will not tolerate it anymore… we will fight)," arguing that it could incite retaliatory actions and escalate communal tensions.

It was asserted that the CBFC did not adequately apply the necessary legal protections under Section 5B of the Cinematograph Act, 1952, which prohibits the certification of films that could disrupt public order, decency, or morality, or those that might incite criminal behavior.

The petition also references previous legal disputes regarding the first installment of The Kerala Story in 2023, where the producers had consented to include a disclaimer indicating that some statistics mentioned in the film were not based on verified data and that the storyline was fictional.

The petitioner contends that despite prior judicial review, the sequel was certified without a thorough assessment of its potential effects on communal harmony and regional respect.

While recognizing the right to free speech under Article 19(1)(a), the petition emphasizes that this right is subject to reasonable limitations for the sake of public order.

Citing Sections 196 and 197 of the Bharatiya Nyaya Sanhita, 2023, the petition argues that the film's content could foster discord among religious or regional communities.

The petitioner is requesting the annulment of the film's certification, a reevaluation of its title and disclaimers, and a halt to the film's release until further examination.

The case is scheduled for further deliberation on Tuesday.