‘THE KERALA STORY’: KERALA HC ALLOWS PETITIONERS TO PURSUE THEIR COMPLAINTS BEFORE CBFC | 5 May, 2023

The Kerala high court today (May 5) granted liberty to two of the several petitioners to pursue their complaints against the controversial The Kerala Story before the Central Board of Film Certification (CBFC). But the court refused to stay the film’s release in cinemas. The Sudipto Sen film, produced by Vipul Shah, opened today all over.

The division bench of Justices N. Nagaresh and Sophy Thomas took note of the fact that one of the petitioners had already filed a complaint invoking Rule 32 of The Cinematograph (Certification) Rules, 1983, before the CBFC, and observed that the petitioner will be at liberty to pursue the said complaint. Another petitioner, Anoop V.R. informed the bench that he had also filed a similar complaint before the CBFC. The bench said that he was also at liberty to pursue his complaint.

Rule 32 of the Rules provides for ‘re-examination of certified films’ upon complaints received by the Board. Anoop V.R., in his complaint filed before the CBFC, said that the film was based on baseless and factually erroneous claims and had the effect of humiliating the State and demonising a community.

The bench today recorded the submission of the producer that the teaser of the film, which claimed that over 32,000 women from Kerala were recruited to ISIS, would be removed from their social media accounts.

While declining interim relief against the release of the film, the bench noted that the CBFC had certified the film for public viewing. The bench also watched the film’s trailer and opined that there was nothing offensive to any particular community in it. The bench further observed that a disclaimer had been added that it was a fictionalised version of the events, and also took note that none of the petitioners had even watched the film.