The Kerala High Court has dismissed appeals filed by the Union Government, the Central Board of Film Certification (CBFC), and the Catholic Congress challenging a Single Judge’s order that had quashed parts of the certification process and required reconsideration of the Malayalam film Haal. The Division Bench, composed of Justice Arvind Sushrut Dharmadhikari and Justice P.V. Balakrishnan, delivered the verdict after hearing challenges to the earlier ruling that had set aside certain cuts and the A certificate conditions imposed by the CBFC. The Catholic Congress had opposed the film’s portrayal of a Christian bishop from Thamarassery, arguing that it was inconsistent with the bishop’s known stance on inter-faith marriages, and had described the movie as propaganda diminishing the seriousness of the issue commonly referred to as “Love Jihad.” The Centre and the CBFC, in their respective appeals, questioned the maintainability of the filmmakers’ original petition under Article 226 of the Constitution and contended that the Single Judge’s approach to certification review was legally incorrect.
The Haal controversy began when the producers and director — who had initially planned a wide release — approached the High Court after the CBFC’s Revising Committee granted the film an A (Adults only) certificate subject to six cuts. Those cuts included excisions of scenes involving cultural, religious and narrative elements such as a beef biryani scene, certain dialogues, depictions of religious attires, scenes showing a Christian institution and other content flagged as potentially sensitive. In response, the filmmakers challenged both the certificate and the prescribed modifications, asserting that the Board’s conditions were excessive and infringed on artistic freedom. Before the Single Judge, multiple parties were impleaded including the Catholic Congress and other interested groups that sought to voice objections to particular scenes or portrayals in the movie. The Single Judge heard detailed arguments, watched the film, and ultimately quashed parts of the CBFC’s order, finding that several of the suggested cuts were unwarranted. The judge directed the Board to reconsider certification if resubmitted, particularly with respect to the cuts that had been struck down.
Aggrieved, both the Centre along with the CBFC and the Catholic Congress filed writ appeals, prompting the Division Bench to watch the film itself to understand the context of the disputed scenes. After considering the material, the Division Bench concluded that the Single Judge’s approach should stand and rejected the appeals against that decision. By doing so, the High Court affirmed that the creative freedom of filmmakers in depicting narrative and cultural elements of a story — even one involving inter-faith relationships and possible religious sensitivities — must be balanced against the statutory scheme of film certification and cannot be curbed arbitrarily. The dismissal of the appeals maintains the status quo set by the Single Judge’s order, effectively leaving in place the direction to the CBFC to revisit the certification once appropriate modifications or clarifications are submitted, rather than enforcing the original six cuts as proposed.
The film Haal, starring Shane Nigam, tells a story involving a romance between characters from different religious backgrounds and has been at the centre of this legal dispute due to objections raised by community bodies regarding its portrayal of religious figures and cultural scenes. The High Court’s rejection of the appeals by the Centre and the Catholic Congress underscores judicial recognition of artistic expression while preserving regulatory oversight within the bounds of law.
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