Kerala HC Issues Notice to CBFC Over Certification of ‘The Kerala Story 2 – Goes Beyond’

Kerala: The Kerala High Court on Thursday issued notice to the Central Board of Film Certification (CBFC) and the producers of the Hindi feature film The Kerala Story 2 – Goes Beyond in a writ petition challenging the movie’s certification.

Justice Bechu Kurian Thomas admitted the plea and directed the respondents to file their responses, with the matter now slated for further hearing on February 24. While the Court has not stayed the film’s scheduled release on February 27 at this stage, it will examine whether the statutory safeguards under the Cinematograph Act were adequately applied by the Board during the certification process.

The petitioner, Sreedev Namboodiri, a 26-year-old biologist from Kannur, alleges that the film portrays Kerala in an unfair and negative light by linking the State to allegations of extremist activities and forced conversions. According to the petition, the grievance centres on the movie’s promotional materials, including its teaser and trailer, which depict women from multiple States being coerced into religious conversion. The petitioner argues that although the narrative spans several regions, the title The Kerala Story 2 – Goes Beyond creates a misleading regional association that unfairly attributes these incidents exclusively to the State of Kerala, thereby infringing upon the dignity and reputation of its residents.

Specific objection has been raised to the slogan, “Ab sahenge nahi… ladenge” (“We will not tolerate it anymore… we will fight”), which the plea claims amounts to a call for retaliatory action and has the potential to incite communal tension or violence. The petitioner contends that the CBFC failed to properly apply statutory safeguards under Section 5B of the Cinematograph Act, 1952, which bars the certification of films that are against public order, decency, or morality. Furthermore, the petition references the legal controversy surrounding the first instalment of the film in 2023, noting that while the producers previously agreed to include disclaimers after judicial scrutiny, the sequel has been certified without a similarly rigorous assessment of its potential impact on communal harmony.

The plea seeks the quashing of the censor certificate and a direction for reconsideration of the certification in light of constitutional safeguards, asserting that the film’s portrayal amounts to prejudicial stereotyping of a regional identity. Alternatively, the petitioner has requested the suspension of the film’s release pending the disposal of a revision petition filed with the Central Government under Section 6 of the Cinematograph Act, or modifications including reconsideration of the title and the insertion of adequate disclaimers. The petitioner argues that while freedom of speech under Article 19(1)(a) is a protected right, it remains subject to reasonable restrictions intended to prevent the incitement of offences and maintain public order.

Appearances:
For the petitioner: Maitreyi Sachidananda Hegde, Rizla K. M., Deepika K. Sasi, Advocates
Case Title: Sreedev Namboodiri v. Union of India & Ors.