Poster of the film, The Kerala Story (left, source: IMDB) and the Kerala High Court (right, Source: Bar and Bench)
On May 5 the Kerala High Court declined to pass any interim order on pleas against the release of the movie “The Kerala Story”. The court also recorded the statements of the producers who will be removing the teaser from all social media handles for claiming 32,000 non-Muslim women were converted and forced to join the terror organisation ISIS.
While hearing the plea demanding a stay on the release of the movie the bench of Justice N. Nagaresh and Justice Sophy Thomas stated that they have watched the trailer and teaser of the film in an open court. The makers are directed to take down the teaser having 32,000 figures but they cannot put any stay on the film and the trailer.
“The trailer does not contain anything offensive against any particular community as a whole”, the Court also said in its order.
The court observed after a competent statutory examined the movie and found nothing wrong with it that the movie should be made available for public exhibition. As provided in the guidelines, the Censor Board has examined the movie as per guidelines before certifying the film ‘A’.
From the statement of the DSG, we find that the producers have published a disclaimer that the film has been fictionalised or is a dramatized version. We are not inclined to pass an interim order restraining the release of the movie. Since the makers have agreed to remove some portions, no further orders are required, the Court said in its order.
The lawyer from the side of the petitioner, Advocate Dushyant Dave asked the court to see the trailer which is based on false claims. The lawyer said the trailer has larger implications in life. He said that the impact of the film is more than books and it impacts minds and creates serious public order and law and order problems. He submitted that the trailer itself shows how dangerous it is for Kerala society and that the entire community has been demonised.
“What is there in the movie that demonises the entire community?” said Justice Nagaresh.
Responding to Advocate Dave, Justice Nagaresh asked, “What is there in the movie that demonises the entire community?”
The Court should watch the movie along with the lawyers. The Apex Court granted a stay on Sudharshan TV’s show after it saw the episode and found that the community is being demonised, Dave submitted.
“We will see the trailer after hearing the other side. Let us see what are the allegations”, Justice Nagaresh replied.
“Is there any allegation in the trailer or cinema that the entire society is…”, Justice Nagaresh asked, “There is nothing against an entire society there”.
“This is not a historical movie. It is a story. It is ‘Kerala story’ In Kerala we are so Secular, there was a movie where a Poojari spit on an idol. There was no problem. Can you imagine a Poojari spitting on the idol? It was an award-winning movie”, Justice Nagaresh said.
“There are umpteen number of movies where Hindu Sanyasis are depicted as smugglers or rapists. Nobody protests. You must have seen many such Hindi films. In Malayalam also there are such movies”, Justice Nagaresh said.
“The teaser was published in November. You are coming at the last stage. None has approached any statutory authority”, Justice Nagaresh added.
“This is not the first time that a movie depicts a religious sect in a bad light. There are various movies which depict various religious sects in bad light”, Justice Nagaresh said.
Ours is a democracy with secularism embedded in it, Justice Nagaresh said. “This is not the first time that a movie depicts a religious sect in a bad light. There are various movies that depict various religious sects in bad light”, Justice Nagaresh said.
He continued by saying, “Secularism is the blood of the people of Kerala. Constitution came later. Keralites lived here for 1000 years without any..”
“You can say that my God is the only God, my God is the true God. ‘Yeshu Eka Rakshakan’ (Jesus is the only protector). Is it not offensive if you say it to a person of another religion? But the Constitution gives you the right to say it and people are propagating it.
Here in the movie it is said that Allah is the only God, it is the true God”, Justice Nagaresh said. When the Senior Advocate submitted that the Court should not let happen, what happened in Victoria Gauri’s case, Justice Nagaresh said, “If that happens, the petitioners can blame their counsel”. The teaser and the trailer were then displayed in the open court.
“What is against Islam as a religion or against Islam in India, in this? The allegation is against an organisation, ISIS”, Justice Nagaresh said.
“What is against Islam as a religion or against Islam in India, in this? The allegation is against an organisation, ISIS”, Justice Nagaresh said.
“It is depicted that Kerala is the centre of all these activities”, the Senior Counsel said. “I don’t see that. Don’t go into the veracity of what is said, it is fictional, it is not history”, Justice Nagaresh replied. “Even if some religious groups have been shown in a bad light, why should the movie be banned? This has been going on in Kerala for so many years”, Justice Nagaresh said.
Advocate Mohammed Shah on behalf of another petitioner said, his client has filed a complaint under Section 32(1) of the Cinematograph (Certification) Rules, 1983. His client was concerned with the fact that if the teaser claims there were 32,000 women convertees then the film will also show the same. He submitted that spiritual leaders can be criticized but Gods of other religions cannot be attacked. He submitted that the trailer is part of the film and therefore the film need not be seen and that there is an offence in the trailer itself.
When one says that my God is the only God, that is also offensive. It is permitted by Constitution. If a person can propagate this, why can’t it be shown in the cinema? said Justice Nagaresh.
“This freedom is given by Constitution to say that your God is the only God. When one says that my God is the only God, that is also offensive. It is permitted by Constitution. If a person can propagate this, why can’t it be shown in the cinema? Why should one get offended?”, Justice Nagaresh asked the Advocate.
“Once you say that my God is the only God, then all other Gods are necessarily fake Gods. To say that is permitted in this country. This is permitted by the Constitution”, Justice Nagaresh said.
When the Counsel submitted that as an effect of this movie, parents will now be scared of sending their children to hostels with Muslim girls, Justice Nagaresh said, “There is a Malayalam movie which depicts the sad story of nuns in a convent, so nobody will send their children to convents?” He added that if people start behaving based on movies, nobody will go to convents or ashrams because of how they are depicted in movies.
Justice Nagaresh said on a lighter note in the context of the statement that thousands of girls have joined ISIS, that it is for ISIS to come and say that it is not true.
Justice Nagaresh said on a lighter note in the context of the statement that thousands of girls have joined ISIS, that it is for ISIS to come and say that it is not true.
Advocate Kaleeswaram Raj, on behalf of another petitioner, said the novel question of whether there can be hate speech in the form of a work of art arises in this case. He added that the content of the film cannot be kept in mystery and the Court should watch the movie and form an opinion.
“They have artistic freedom. We have to balance that also, You may not continue. We are not inclined to grant any interim order,” Justice Nagaresh said.
Notably, A Division Bench of the Madras High Court on May 4 dismissed a plea against the release of the movie. “Without watching the movie, you can’t proceed on the basis of assumptions and presumptions”
On May 4, the Apex Court had asked the parties who approached the Court against the movie to approach the Kerala High Court first, since it is already seized of a plea against the release of the movie.
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