KOCHI: The Kerala High Court on Monday observed that the Central Board of Film Certification (CBFC) cannot dictate film titles or storylines to directors and artists. Justice N Nagaresh made this remark while hearing a petition from Cosmos Entertainments, the producer of the film "JSK - Janaki vs State of Kerala," starring Union Minister Suresh Gopi.
The petition sought a directive to the CBFC to issue a censor certificate for the film. The court directed the CBFC to clarify its objections to the film's title, "Janaki," and emphasised that the case cannot be indefinitely adjourned. The hearing has been scheduled for July 2.
During the hearing, the court questioned the rationale behind the CBFC's objection to the title and character name "Janaki. "What is wrong with the title or the name of the character 'Janaki'? That is the freedom of artists. You (CBFC) cannot interfere in that. The freedom not absolute, but the Board must have a convincing reason to show how the name 'Janaki' is contemptuous of racial, religious, or other groups," said the court.
The court noted that in the film, 'Janaki' is portrayed as a heroine fighting for justice. In India, many names have religious significance, whether they are Hindu, Christian, or Muslim such as Ahamed, Anthony, and Raman. "80 percent of names in India have religious connotations. Now, will the Board dictate to directors and artists what names they should use and what stories they should tell? Is that correct?" the court asked.
The petitioner’s counsel submitted that in 2023, the CBFC had granted certification to the Malayalam film Janaki Jaane, which also used the name "Janaki" without issue. The court then asked whether the character "Janaki" in JSK was depicted in a way that would make her unfit to bear the name. The CBFC’s counsel responded affirmatively. In response, the petitioner’s counsel requested that the court watch the movie in open court, citing a precedent where the Bombay High Court had done so in a similar case.
The single judge remarked that if necessary, the court could consider watching the film, but prima facie there was no need to do so at this stage. When the court inquired further into the nature of the character "Janaki," the petitioner’s counsel explained that she is a rape survivor who fights for justice in court.
The court noted: "She is an epitome of strength, not a rapist. If a rapist were named Rama, Krishna, or Janaki, then the court could understand the objection. But here, she is a heroine fighting for justice." The court also asked whether there was any procedural illegality in the issuance of the show-cause notice.
The petitioner’s counsel responded that the notice lacked application of mind. He pointed out that the Board advised the petitioner to appeal to the Film Certification Appellate Tribunal (FCAT), which was abolished in 2021. "This is the level of application of mind," argued the petitioner, to which the court responded, "This may be enough to set aside the order, but that alone will not help the writ petitioner."
The petitioner’s counsel further pointed out that the CBFC’s revising committee recommended removing the name "Janaki" from the film’s title and dialogues, citing violations of Guidelines 2(xi) and 2(vi). Guideline 2(xi) states that “visuals or words contemptuous of racial, religious, or other groups are not to be presented in films.”
He argued that it is unclear how the name "Janaki" qualifies as racial or contemptuous, especially since the title Janaki vs State of Kerala had been approved three months earlier, and there had been no complaints against the film. The court concluded that the reason cited by the CBFC for objecting to the name "Janaki" appears prima facie unsustainable.
