The Kerala High Court on Wednesday directed the Central Board of Film Certification (CBFC) to grant censor certificate to Malayalam film JSK: Janaki v State of Kerala starring Union Minister Suresh Gopi, after the producers of the film agreed to make two alterations in line with the CBFC's demands. [M/s Cosmos Entertainments v The Regional Officer].

Justice N Nagaresh who watched the movie on July 5 at a studio in Kochi had earlier said that there was no reason why a rape survivor fighting for justice couldn't be named 'Janaki' and even criticised the CBFC for interfering with free speech and artistic freedom.

Today, advocate Abhinav Chandrachud, appearing for CBFC, informed the Court that although the Board had earlier proposed 96 cuts to the film 'Janaki v State of Kerala', it is now only seeking two specific changes.

The first is to revise the film's subtitle, 'Janaki v State of Kerala' by altering the name 'Janaki' to 'Janaki V' or 'V Janaki', aligning it with the character's full name, Janaki Vidhyadharan.

The second is to mute the name 'Janaki' during a courtroom cross-examination scene.

Advocate Haris Beeran, representing the producers, readily agreed to the first change. Although he initially pushed back with respect the second change, Beeran ultimately told the court that the producers are willing to change the name in the sub-title as well.

Chandrachud assured the Court that once the the revised version of the movie is submitted, CBFC would grant censor certification within three days.

The Court recorded the same and posted the matter for further consideration after one week.

"The petitioner is directed to submit the revised/modified version at the earliest. There will be a further direction to the CBFC to issue the censor certificate within a further period of three days. Post after 1 week," the Court's order said.

The film which tells the story of a rape survivor named 'Janaki', was initially scheduled for release on June 27.

The production house, M/s Cosmos Entertainments, approached the Court with a writ petition after the CBFC failed to issue a certificate, despite an application being submitted online on June 12.

The petitioner pointed out that although the teaser trailer had earlier received certification without any objections, the censor certificate for the full film was being delayed over the title and the main character's name, 'Janaki' which is also a name for the Hindu goddess 'Sita'.

According to the petitioner, the delay by CBFC amounted to a violation of their fundamental right to free speech guaranteed under Articles 19(1)(a) and 19(1)(g) of the Constitution of India and heavy financial losses.

The CBFC maintained that using the name 'Janaki' in a film involving themes of sexual violence and explicit content could hurt religious sentiments.

Following the registration of the first petition, the Revising Committee of the CBFC viewed the film and issued a show cause notice asking for the removal of the name 'Janaki' from the title, dialogues and elsewhere in the script.

This led to a second petition by the filmmakers challenging the Revising Committee's authority to make such a demand.

In a detailed affidavit filed before the Court, the CBFC stated that its concerns were not based merely on the use of a religious name but on the portrayal of the character.

According to the Board, the character named 'Janaki' is shown to be a rape survivor, who is depicted as someone enduring multiple traumatic events, including being subjected to sexually explicit and demeaning questions in a courtroom setting.

"In the subject film, when the lead character who is named after Goddess Sita/Janaki is raped, she is then aided by a man belonging to one particular religious community and is cross examined and asked harrowing questions by a person belonging to another religious community. This religious dichotomy in the treatment of a character bearing Goddess Sita's sacred name has the potential to inflame communal tensions and create divisive narratives between religious groups," the affidavit stated.

Such portrayal, the CBFC argued, diminishes the sanctity associated with Goddess Sita and risks instigating communal and religious tensions.

The Court will take up the matter again next week.

Advocate Haris Beeran appeared for the petitioners along with advocates Anand B Menon, Azhar Assees and Nabil Khader.

Advocate Abhinav Chandrachud appeared for the CBFC.

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