SC closes 'The Kerala Story' petitions, says question of law will 'await another movie'

The Supreme Court of India has closed petitions related to the 2023 film The Kerala Story, leaving unresolved the legal questions surrounding challenges to the Central Board of Film Certification (CBFC) approval of the movie. The court ruled that the petitions had become "infructuous" due to the film’s release and the lack of ongoing legal grounds to contest its certification. This decision marks the end of a prolonged legal battle involving multiple stakeholders, including the film’s producers, critics, and state governments. In a hearing led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, the court dismissed several petitions that had been filed either during the pandemic or had lost relevance over time. Two of these petitions sought the revocation of the CBFC certification granted to The Kerala Story. The court found that these claims no longer held merit because the film had already been publicly released. A third petition, filed by the film’s producers, Sunshine Pictures Pvt Ltd and Vipul Amritlal Shah, challenged the West Bengal government’s earlier ban on the film. However, this petition was subsequently withdrawn. The legal proceedings began in May 2023, when the Supreme Court temporarily halted the West Bengal government’s ban on the film. At that time, advocates representing petitioners Qurban Ali and B R Aravindakshan argued that their concerns about the film’s content remained valid despite its release. They contended that while producers have a legal avenue to challenge CBFC decisions, individuals affected by a film’s content must rely on writ petitions in higher courts. The bench acknowledged these points but emphasized that the film was no longer under review for censorship purposes. Justice Bagchi noted that the legal issue regarding the certification process might need to be revisited in the context of future films. “The litigation has to await another movie… another movie that is controversial, we will go into that question,” she stated. Advocate Nizam Pasha, representing the petitioners, countered that the film was still available on over-the-top (OTT) platforms and thus remained a subject of public concern. During the hearing, Pasha also urged the court to establish clear guidelines for addressing films accused of promoting hate speech. In response, the Chief Justice instructed him to submit a detailed writ petition requesting such guidelines. The bench recorded that the legal question would remain open, allowing all parties to pursue appropriate legal remedies based on existing laws. The Kerala Story, directed by Sudipto Sen and produced by Vipul Amritlal Shah, generated substantial controversy upon its release in 2023. The film claimed that approximately 32,000 women from Kerala were lured into converting to Islam and forced to join ISIS. These allegations drew sharp criticism from various quarters, leading to calls for its banning in certain states. Despite the backlash, the film received wide distribution and sparked debates on free speech, religious conversion, and the role of cinema in shaping public discourse. The Supreme Court’s decision to close the current petitions does not mean the legal issues surrounding The Kerala Story are entirely resolved. While the immediate dispute over its certification has ended, the broader implications for film regulation and individual rights remain open. The court’s suggestion that similar legal questions may arise with future films indicates that the debate over cinematic content and its societal impact is far from over. The film’s producers continue to defend their work, asserting that they have the right to present narratives that reflect their perspective. Meanwhile, critics argue that the film’s portrayal of religious conversion and terrorism requires careful scrutiny to prevent the spread of misinformation. As the legal landscape evolves, the outcome of future cases may shape how such controversies are addressed in Indian cinema.