The Kerala High Court on Wednesday decided that it would be appropriate to watch Malayalam film JSK: Janaki v State of Kerala starring Union Minister Suresh Gopi, to consider the objections raised by the Central Board of Film Certification (CBFC) to the title of the movie [M/s Cosmos Entertainments v. The Regional Officer].
Justice N Nagaresh will watch the movie on July 5 at a studio to be chosen by the production company.
The judge had earlier said that he saw no reason why a rape survivor fighting for justice couldn't be named Janaki and even criticised the CBFC for interfering with artistic freedom and free speech.
The film, which tells the story of a rape survivor named 'Janaki', was scheduled for a worldwide release on June 27.
The production company, M/s Cosmos Entertainments, first approached the High Court after the CBFC failed to issue a censor certificate even though the application was submitted online on June 12.
The petitioner pointed out that while the teaser trailer had earlier been approved without objections, the full film was being held up due to objections raised over the title and the main character's name, 'Janaki', which is also a name for the Hindu goddess 'Sita'.
As per the petitioner, the delay by the CBFC was due to such informal objections regarding the film's title and character name.
The delay by CBFC which amounted to a violation of the fundamental right to free speech guaranteed under Articles 19(1)(a) and 19(1)(g) of the Constitution of India and was leading to heavy financial losses for the producers, it was contended.
Following the registration of the first petition, the revising committee of the CBFC watched the movie and issued notice to the production company objecting to the name given to the titular character, Janaki.
The CBFC maintained that the name 'Janaki' refers to the Hindu goddess Sita and using it in a film with sexual violence and mature themes could offend religious sentiments.
However, the Court repeatedly questioned this stance, emphasising on how Indian cinema has long used religious names in film titles and character names.
It then directed the Deputy Solicitor General to submit a statement detailing the reasons for the CBFC's stance for not issuing certification to the film.
The production company then filed a new petition challenging the decision of the Revising Committee.
Today, advocate Abhinav Chandrachud appeared for the CBFC and sought time to file a detailed statement in response to both petitions.
The Court will watch the movie on July 5 and hear the parties further on July 9.
The production company was represented by advocates Haris Beeran, Anand B Menon, Azhar Assees and Nabil Khader.
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