Kerala HC directs producer of 'Haal' movie to resubmit film with excisions for fresh certification

Kochi, Nov 14 (PTI) The Kerala High Court on Friday directed the producers of the malayalam movie 'Haal', featuring Shane Nigam, to resubmit the film to the Central Board of Film Certification (CBFC) after carrying out two excisions, for issuance of a fresh certificate.

Justice V G Arun issued the order while disposing of a petition filed by the producer alleging an inordinate delay by the CBFC in granting certification.

The court directed CBFC that, upon examination of the resubmitted film, a fresh certificate must be issued within two weeks.

The court approved two excisions suggested by the censor board related to depicting court proceedings, demeaning of cultural organisations, and dialogues associated with Dhwaj Pranam, Abhyanthara Shatrukal, Ganapati Vattam, Sangham Kavalund.

The court also approved the cut suggested by CBFC on a scene about the consumption of beef biryani, and the suggestion to blur rakhi wherever it appears.

The CBFC Revising Committee had earlier granted the film an ‘A’ certificate, after observing that its narrative involved socio-cultural dynamics and religious sensitivities.

It held that the film was not suitable for unrestricted viewing but was suitable for adult audiences after modifications.

The producers approached the court after the CBFC instructed the removal of several scenes during the censoring procedure.

The producers argued that forwarding the film to the Revising Committee without prior intimation was arbitrary.

Later, the Catholic Congress and an RSS leader approached the court, claiming that the film contained sensitive and objectionable content, and were included as respondents.

Considering the case, Justice Arun viewed the film along with the parties during a special screening held in Kochi last month.

During the hearing, the Assistant Solicitor General of India (ASGI) submitted that the film received an ‘A’ certificate due to its mature and complex socio-cultural themes.

The CBFC told the court that its experts had found the film misrepresented inter-faith relationships—commonly referred to as “love jihad”—and portrayed warnings expressed by Hindu and Christian leaders as unfounded or intolerant.

The court observed that it could interfere with the Board’s decision only if it was perverse or unreasonable.

It noted that films have a powerful influence on society and require appropriate checks.

After watching the movie, the court observed in its order that the story centred on a Muslim boy and a Christian girl whose families oppose their relationship.

The girl initially agrees to convert to Islam, but later withdraws.

Eventually, both families and religious leaders accept the relationship.

“Upon viewing the film from the perspective of an ordinary person, this court found the theme of the film to be in tune with the foundational principles enunciated in our Constitution,” it observed.

According to the court, it is beyond comprehension as to how the above theme can be termed as a misrepresentation of inter-faith relationships, or portrayal of legitimate warnings from Hindu and Christian leaders, as unfounded and intolerant.

The experts' observations are also unsustainable when pitted against the film's larger theme, the court said.

“Even accepting the contention of the learned ASGI that the censor board is involved in the act of balancing the freedom of the movie maker with the reasonable restrictions under Article 19(2), such balancing act cannot be carried out by overlooking the foundational principles of secularism and fraternity which are the bedrock of our great democracy,” the court observed. PTI TBA TBA ROH