Controversial film ‘The Kerala Story’: Supreme Court stays ban on the movie imposed by the State of West Bengal
On May 18, 2023, the Supreme Court of India was hearing the plea filed by the filmmakers of the controversial film ‘The Kerala Story’ against the ban imposed on the movie by the West Bengal state. Also, the top Court addressed the ‘shadow ban’ imposed on the film by the state of Tamil Nadu. The Supreme Court bench including Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala stayed the ban on the movie imposed by the State of West Bengal. Also, the bench directed the State of Tamil Nadu to provide security to moviegoers and theatres in the state. This decision was made after hearing the statement of Additional Advocate General Amit Anand Tiwari that there is no direct ban on the movie in the State of Tamil Nadu. The top Court further listed the petitions related to ‘The Kerala Story’ for hearing in July 2023.
During the hearing, the top Court also questioned the claim made by the film regarding the conversion of 32,000 women from Kerala into Islam and recruited to ISIS. “There is no authentic data available to back up the suggestion that the figure of conversions is 32000 or any other established figure,” said Senior Advocate Harish Salve appearing for the filmmaker. While arguing for the same, Advocate Salve said, “A controversial topic can be only depicted in a controversial manner..You can’t say that this is hurting the sentiments of the community..you cannot only have liberal thoughts…exaggeration, whether in written work, painting or anything, is entirely a part of creativity…art has to be provocative.” While hearing the arguments of Senior Advocate AM Singhvi in favor of the State of West Bengal ban decision, 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.”
In addition, the Senior Advocate appearing for West Bengal Police, Gopal Sankaranarayan, stated that one cannot turn a blind eye to provocative messages. He added, “If you’re making propaganda films and claiming that it is not fiction and it is a fact and saying that you’ve verified it, then the responsibility is very different than a pure fiction movie.” Citing the offensive remarks in the movie, Senior Advocate Kapil Sibal said, “They’re saying unless you spit you won’t go to Allah…Then see the discussion of Maulvis. They show Muslim talking about luring women and saying if necessary, impregnate them! This is what they’re saying.” He urged the bench, “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 bench replied that they will watch the movie if required.
Moreover, Senior Advocate Huzefa Ahmadi illustrated some of the scenes that were problematic and stated that “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…” After hearing the arguments, the bench stays the ban order of West Bengal on the movie and posted the matter for further hearing in July.
