A Public Interest Litigation (PIL) has been filed in the Calcutta High Court challenging the Trinamool Congress-led West Bengal Government’s ban on the movie ‘The Kerala Story.’ The petitioners contend that the movie raises the issue of ‘Love Jihad’ and that a public discussion on the issue is necessary in a democracy like ours.
The PIL submits that the West Bengal Government’s prohibition on the movie is prima facie not maintainable as it contravenes with proviso u/s 6(2) of the West Bengal Cinemas (Regulation) Act of 1954.
Furthermore, the PIL submits that the Central Board of Film Certification (CBFC) has granted certification to the movie and the government’s ban on the movie contravenes statutory provisions and infringes on the fundamental rights of contesting parties such as petitioners.
The PIL also submits that the movie is about the malafide acts and plots of the terrorist organisation ISIS and is unlikely to ignite the umbrage of the Muslims of West Bengal as there is no reason to presume that Bengali Muslims are ISIS sympathisers. The PIL said, “…the film deals with the malafide acts and plots of the infamous terrorist organisation namely ISIS and a story on illegal operation of such a terror outfit is absolutely unlikely to ignite umbrage of the Muslim Community of West Bengal since there is no reason to presume that the Bengali Muslims are sympathizers of ISIS and are against the interest of the Nation,” the PIL submits.
The PIL also said that the state government’s decision to ban the movie would result in a huge loss of revenue for the state, affecting the welfare programs as the state’s coffers are already almost famished and the state government is embroiled with the disgruntlement of its employees over the DA issue.
Furthermore, the PIL places reliance on the Kerala High Court’s May 5 order wherein the court refused to stay the movie’s release and observed that the CBFC had certified the movie for public viewing. The Kerala High Court said, “What is against Islam as a religion or against Islam in India, in this? The allegation is against an organisation, ISIS.”
Plea before Supreme Court challenging WB Government’s ban on movie
On May 12, the Supreme Court issued notices to West Bengal and Tamil Nadu Governments in the writ petition filed by the makers of ‘The Kerala Story’ challenging the Mamata Banerjee Government’s decision to ban the movie. Furthermore, the makers alleged that the movie is facing a ‘shadow ban’ in Tamil Nadu and have sought protection for screening the movie.
The movie maker’s counsel Senior Advocate Harish Salve submitted that the West Bengal Chief Minister Mamata Banerjee made statements against the movie on the release date, alleging that the movie is against a community and its exhibition can cause law and order problems. Furthermore, he submitted that the movie ran in the state without problems for three days before the West Bengal Government banned the movie.
The Chief Justice of India DY Chandrachud remarked, “The film is released in the rest of the country. West Bengal is not different from other parts of the Country. If it can run on other parts of the country, why should the State of West Bengal ban the film? If the public does not think that the film is not worth seeing, they will not see it. It is running in other parts of the country which have similar demographic profile as West Bengal. Why should you not allow a film to run?”
Mamata Banerjee Government bans the movie
The West Bengal Government banned the movie on May 8. CM Mamata Banerjee said, “West Bengal govt has decided to ban the movie The Kerala Story. This is to avoid any incident of hatred and violence, and to maintain peace in the state.”
While taking a dig at ‘The Kashmir Files’, the Chief Minister stated, “What was ‘The Kashmir Files’? It was meant purely to humiliate a particular section of society. What is ‘The Kerala Story’? It is a distorted story”. The CM instructed the state chief secretary to withdraw the film from all theatres where it was playing.
The film’s producer, Vipul Amrutlal Shah, reacted to the ban and said they would seek legal recourse to challenge the State Government’s decision. Shah said, “If state government won’t listen to us, we will explore legal avenues. However, whatever course we take will be based on legal advice,” West Bengal became the first state to ban ‘The Kerala Story.’
Kerala High Court’s May 5 order
On May 5, the Kerala High Court declined to pass any interim order on pleas against the release of the movie ‘The Kerala Story’. Asserting that secular Kerala society will accept the film for what it is, the High Court asked petitioners how the movie, which it observed is fiction and not history, would create sectarianism and conflict in the society. The court sought to know whether the entire trailer was against society.
“Nothing will happen just because the film is screened. The teaser of the film was released in November. What was offensive in the film? What is wrong in saying that Allah is the only God? The country gives citizens the right to believe in their religion and God and spread it. What was offensive in the trailer?” the court observed while considering a batch of petitions seeking to cancel the film’s censor certificate.
“So many movies have already come out about such organizations. There have been references against Hindu monks and Christian priests in many films before. Did you see all this in the way of fiction? What is so special now? How does this movie create sectarianism and conflict in the society?” the court observed.
