On May 18, the Supreme Court of India stayed the Mamata Banerjee-led West Bengal Government’s ban on the movie ‘The Kerala Story.’ Furthermore, the court directed the MK Stalin-led Tamil Nadu Government to provide security to theatres in the state.
The court was hearing ‘The Kerala Story’s makers in a plea challenging the West Bengal Government’s decision to ban the movie and claiming that the movie is facing a ‘shadow ban’ in Tamil Nadu and sought protection for screening the movie.
Arguments of Movie Makers
The court also questioned the maker’s claims that about 32,000 women from Kerala were deceitfully converted to Islam and thereafter, recruited to ISIS. The makers’ counsel Senior Advocate Harish Salve submitted to the court that “there is no authentic data available to back up the suggestion that the figure of conversions is 32000 or any other established figure.” Furthermore, Salve informed the court that a disclaimer will be added to the movie by 5 pm on May 20 and that the disclaimer will clarify that the movie is a fictionalised version of the subject matter.
Harish Salve refuted the West Bengal Government’s claims that the movie would create a law and order situation in the state. He contended, referring to the state government’s affidavit, that the state’s decision was based on certain reports of intelligence officers. He said, “They pick up 12-13 people, who say that the movie is terrible and will cause riots.”
Furthermore, Harish Salve argued that while the state government’s affidavit mentions a incident of violence, allegedly connected to an Instagram post about the movie, it is also pertinent to note that Maharashtra has not banned movie.
Harish Salve also refuted Tamil Nadu Government’s claims that the movie was withdrawn from multiplexes due to poor audience response. He referred to theatre collections for the movie, from the two days it ran in the state, and argued that the movie was running with packed halls. He said, “I want a direction that adequate security is given by the State and that there is no informal messaging by the State the film should not be screened.”
Arguments of the West Bengal Government
The West Bengal Government’s counsel Senior Advocate Abhishek Manu Singhvi argued that the decision was taken to preserve public peace. Furthermore, he tried to differentiate from the case laws by Harish Salve, claiming that those judgements concern pre-screening ban on the movie, whereas the West Bengal Government banned the movie after analysing inputs based of movie’s screening for three days in the state.
The Chief Justice of India (CJI) DY Chandrachud said, “You’re saying that ban of the film is on the basis of 13 people…you get any 13 people they’ll say ban any movie. Unless you’re showing them cartoons…”
“Section 6 (of the West Bengal Cinema Regulation Act) cannot be utilized to put a premium on public intolerance,” the CJI remarked.
Abhishek Manu Singhvi contented that the state government has a duty to prevent a breach to public peace. Furthermore, he argued that the ‘demographic profile’ of West Bengal is different from other states when the CJI referred to movie running in other parts of India. The CJI further remarked that then the state government should ban the movie in areas where problems are likely instead of imposing a state-wide ban.
The CJI said, “You can’t make fundamental rights be dependent on public display of emotion. Public display of emotion has to be controlled. You don’t like it, don’t see.”
Objections to Scenes From the Movie
The Jamiat Ulema-i-Hind’s counsel Senior Advocate Kapil Sibal argued that there are certain offensive remarks in the movie. He said, “They’re saying unless you spit you won’t go to Allah…Then see the discussion of Maulvis. They show Muslim men talking about luring women and saying it necessary, impregnate them! This is what they’re saying.”
Furthermore, he urged the bench to watch the movie and said, “Please watch the film. There is no point in legal sophistry. When you watch it you will see its impact. It impacts millions of people. Art form is also subject to Article 19(2).” The CJI replied, “We will have to see if we have to see the film.”
Senior Advocate Hufeza Ahmadi said, “The movie starts with “fight the non believers” said by a Muslim man…Another scene shows Muslim clerics talking about how they can lure Hindu women and take them to Syria, if necessary, they can impregnate them..They also say nationalism is a sin and that being a Muslim is the only identity…Another scene shows remarks against Shiva and Rama. I’m not reading it because i find it difficult to read. These are attributed to a Muslim. The consequence of that is- the hate generated- that is to be borne into mind”
He added, “Don’t see it only from the perspective of physical violence, but also from the hate that is generated. It translates to other consequences, a person may not employ one from the community, may not rent out a house…..”
West Bengal Government’s Affidavit
Recently, the West Bengal Government claimed that the movie is based on “manipulated facts and contains hate speech in multiple scenes that may hurt communal sentiments and cause disharmony between the communities,” in its affidavit to the Supreme Court defending the ban.
The state government claimed that it invoked its statutory powers u/s 6(1) of the West Bengal Cinema Regulation Act based on intelligence reports that the ‘hate speech’ in the movie “may hurt communal sentiments and cause disharmony between the communities which will eventually lead to a law and order situation.”
“During surveillance, it has been observed that the audience makes very objectionable comments whenever they see a particular scene where Hindu or Christian girls are seen tortured. It has also been observed that while coming out of movie halls people discuss among themselves to limit their interaction with Muslims and or that these Muslims ought to be taught a lesson,” the state government’s affidavit read.
Tamil Nadu Government’s Affidavit
Recently, the Tamil Nadu Government filed a counter affidavit with the Supreme Court, claiming the multiplex owners decided to stop screening the movie from May 7 in view of “the criticism received by it/ lack of well-known actors/poor performance/Poor audience response.”
The government also said that it has no control over the decisions of multiplex owners and claimed that the makers are pursuing the plea to get publicity for their movies and therefore, misusing the process of the court. Furthermore, the affidavit read that the state intelligence issued alerts to police officials to keep a close vigil on the law and order situation in the state.
The affidavit submits that the movie was criticised for spreading ‘anti-Muslim hate’ and that the multiplex owners halted the movie’s release at their own discretion. Furthermore, the affidavit referred to the “demonstrations, agitation and picketing” staged in 19 places, by various Muslim organisations, against the movie’s screening and submitted that the government provided adequate police protection for the movie’s screening.
Background
Earlier, 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 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. He also submitted that the movie is facing a ‘shadow ban’ in Tamil Nadu after the exhibitors withdrew the movie after facing threats.
Abhishek Manu Singhvi submitted that the makers should approach the respective High Court, as the Supreme Court asked the parties in earlier cases to do the same and maintain discipline. Furthermore, he claimed that there are intelligence reports regarding the law and order problems concerning the movie.
The CJI 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?”
‘The Kerala Story’, stars Adah Sharma, Yogita Bihani, Sonia Balani, and Siddhi Idnani in the lead roles. The film is produced by Vipul Amrutlal Shah and directed by Sudipto Sen. In the film, actress Adah Sharma plays the role of Fathima Ba, a Hindu Malayali nurse who went missing from Kerala and was recruited by ISIS (Islamic State of Iraq and Syria) after being forced to convert to Islam.
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