The Kerala High Court has reserved its decision on a batch of appeals filed by the film certification board, the central government, and a religious body challenging a Single Judge’s order to quash several mandated cuts to the Malayalam movie “Haal.” The controversy revolves around content censored by the certification board, including a scene showing beef biryani, dialogues referencing religious or community-specific terms, certain symbols such as a “rakhi,” and depictions of Christian institutions, clergy, and police-interrogation sequences. The film’s producers had challenged these cuts before the High Court.
The Single Judge had earlier overturned most of the certification board’s demands, observing that the film’s content fell within the scope of artistic freedom. The Judge applied a standard of evaluation based on the reaction of a “reasonable person of ordinary sensibility,” rather than that of an overly sensitive viewer. Accordingly, the Court directed that the film be re-certified, subject only to two mandatory edits: deletion of the beef-biryani scene and another cut related to content considered defamatory of a cultural organisation or institution.
In response, the certification board, central government, and the religious group appealed against this order, arguing that the film’s narrative, dialogues, visual depiction, and cinematic presentation collectively conveyed an objectionable portrayal of inter-faith relationships and could potentially harm religious sentiments or disturb public order. They contended that scenes, including filming the residence of a Christian bishop without consent, along with alleged negative characterization, amounted to misrepresentation and stereotyping of religious communities.
During hearings before the Division Bench, the Court questioned the basis of some objections. It inquired where in the film the alleged narrative of “love jihad” or communal disharmony was portrayed. The Bench observed that when viewed holistically, the storyline resembled a love story. It pointed out that the plot included the heroine’s father eventually accepting the inter-faith relationship, which undercut any claim of the film promoting communal discord.
Given the gravity of the raised objections relating to religious sensitivity and potential impact on public order, the Court decided to view the film itself before rendering its verdict. The Bench also cautioned that if it does not find the alleged objectionable content during its review, it may impose costs on those who filed the appeals for unnecessarily prolonging the certification process.
As of now, the High Court has reserved judgment. The final decision will determine whether the film will be certified without further edits — balancing the principles of creative freedom with concerns of community sensibilities and public order.
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