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Kerala High Court Seeks CBFC Response on Certification of The Kerala Story 2 – Goes Beyond

 What are the types of Law in the Indian Legal System?

Introduction

The Kerala High Court has sought responses from the Central Board of Film Certification (CBFC) and the producers of The Kerala Story 2 – Goes Beyond on a petition challenging the film’s certification and seeking a stay on its release.

Justice Bechu Kurian Thomas issued notice on the plea filed by Kannur resident Sreedev Namboodiri, who contends that the sequel could inflame communal tensions and disturb public order in the State. The matter is scheduled for hearing on February 24

 Keyword: Kerala High Court on The Kerala Story 2 certification

Challenge to Certification

The petition questions the CBFC’s decision to grant certification to the sequel of The Kerala Story, which had previously generated significant controversy over its portrayal of alleged recruitment of women from Kerala into extremist groups.

According to the petitioner, the promotional material for the sequel indicates a similar narrative trajectory, allegedly associating terrorism and forced religious conversion with Kerala while portraying women from multiple States. The plea argues that such representation risks reinforcing sweeping generalizations that could affect communal harmony and public order.

Legal Grounds Under the Cinematograph Act

The petition invokes Section 5B of the Cinematograph Act, 1952, which mandates that films must not be certified if they are against the interests of:

  • The sovereignty and integrity of India

  • The security of the State

  • Friendly relations with foreign States

  • Public order, decency, or morality

The petitioner contends that the CBFC failed to undertake a rigorous assessment of the film’s likely impact on public order and constitutional values before granting certification.

Objections to Promotional Content

Particular objection has been raised to phrases in the teaser and trailer, especially the slogan:

“ab sahenge nahin… ladenge”

The plea argues that the phrase amounts to a call for confrontation and may act as a provocation capable of inciting unrest. It further submits that branding the storyline under the title “The Kerala Story” creates a broad and allegedly misleading regional attribution, affecting the dignity and constitutional rights of residents of Kerala.

Court Proceedings

Taking note of the allegations, Justice Bechu Kurian Thomas admitted the petition for consideration and directed the CBFC and the film’s producer, Sunshine Pictures, to file their responses.

At this stage, the High Court has not stayed the release of the film. The Court will examine:

  • Whether statutory safeguards under the Cinematograph Act were adequately applied;

  • Whether modifications are necessary;

  • Whether interim suspension of release is warranted.

The matter will be taken up at the next hearing on February 24.

Broader Constitutional Context

The case once again brings into focus the tension between freedom of speech and expression under Article 19(1)(a) and the reasonable restrictions under Article 19(2) of the Constitution of India, particularly in matters involving public order and communal sensitivity.

As debates over film certification continue to intersect with political, social, and constitutional questions, the Court’s forthcoming observations may have implications beyond this single film—potentially shaping the contours of censorship, artistic freedom, and public order jurisprudence. 

 

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