Kerala High Court Upholds Artistic Freedom in Film Certification Dispute

Court Quashes Central Board of Film Certification's Decision to Impose Restrictions on 'HAAL', Emphasizing Constitutional Principles of Secularism and Fraternity

In a significant judgment, the Kerala High Court has quashed the Central Board of Film Certification's (CBFC) decision to grant an "A" certificate with excisions and modifications to the film "HAAL", directed by Juby Thomas. The court, presided over by Justice V.G. Arun, found the CBFC's decision to be an infringement on artistic freedom and a misinterpretation of the film's theme, which is centered around interfaith love and socio-cultural dynamics.

The film "HAAL" portrays the love story of a Muslim boy and a Christian girl, challenging societal norms and advocating for a secular and inclusive society. The CBFC had previously restricted the film's exhibition to adult audiences, citing concerns over its portrayal of interfaith relationships and community leaders. However, the High Court found these concerns to be unfounded and emphasized that the film's theme aligns with the constitutional values of secularism and fraternity.

During the hearing, the petitioners, represented by Senior Advocate Joseph Kodianthara, argued that the CBFC's decision violated their fundamental rights under Article 19(1)(a) of the Indian Constitution, which guarantees freedom of speech and expression. The court agreed, stating that films must be judged in their entirety and that the CBFC's focus on specific scenes was misguided.

Justice Arun highlighted that the film's narrative, which promotes love transcending religious boundaries, is in harmony with the foundational principles of the Constitution. The court also dismissed the CBFC's concerns about potential misrepresentation of interfaith relationships and community leaders, noting that the film's depiction falls within the realm of artistic freedom.

The judgment further clarified the scope of reasonable restrictions under Article 19(2), stating that such restrictions must be confined to grounds like public order, decency, or morality. The court found that the CBFC's decision overlooked these constitutional values and failed to apply the standard of an ordinary person of prudence in assessing the film.

In a detailed examination of the Cinematograph Act, 1952, the court addressed the procedural lacunae that prevented the acceptance of appeals under Section 5C, justifying its decision to entertain the writ petition. The court's ruling underscores the need for regulatory bodies to balance artistic expression with societal norms, while upholding the constitutional principles of justice, liberty, equality, and fraternity.

The court directed the petitioners to resubmit the film with two voluntarily accepted excisions, after which the CBFC is to re-evaluate the film and issue a fresh certification within two weeks. This judgment reinforces the judiciary's role in safeguarding artistic freedom and promoting a society that values secularism and fraternity.

Bottom Line:

Film Certification - Central Board of Film Certification's decision to grant "A" certificate with excisions and modifications quashed, except for two excisions voluntarily accepted by the petitioners, on grounds of infringement of artistic freedom and misjudgment of the film's theme under Article 19(1)(a) of the Constitution.

Statutory provision(s): Cinematograph Act, 1952 Sections 5A, 5B, 5C; Article 19(1)(a), Article 19(2) of the Constitution of India.

Juby Thomas v. Union Of India, (Kerala) : Law Finder Doc Id # 2808542