‘The Kerala Story’: Kerala HC Refuses To Stay Film’s Release, Makers Agree To Remove Teaser Claiming Conversion of 32K Women

The Kerala High Court on Friday refused to stay the release of ‘The Kerala Story’ film which got released today in theatres all over the country.

However, the Division Bench of Justices N. Nagaresh and Sophy Thomas recorded the producer’s submission that the movie’s teaser, which claimed that over 32,000 women from Kerala were recruited to ISIS, be removed from their social media accounts.

Refusing to delay the film’s release, the Court pointed out that the film only claims to be “inspired by true events.”

The bench also mentioned that the film has been certified for public screening by the Central Board of Film Certification (CBFC).

The bench also watched the film’s trailer and concluded that it included nothing objectionable to any particular community in it and it further noted that none of the petitioners had seen the film and that the makers had included a disclaimer stating that it was a fictionalized version of events.

“There is something known as freedom of speech and expression. They have artistic freedom; we have to balance that as well,” Justice Nagaresh stated while declining to impose an interim order.

“Is there anything in the film that is anti-Islam? There is no allegation against a religion, only against the organization ISIS,” Justice Nagaresh stated.

On the petitioners’ request, the bench today viewed the trailer in open court. “This is a work of fiction. There are no ghosts or vampires, but there are a lot of films showing the same,” the Court stated.

“In many films, Hindu Sanyasis are portrayed as smugglers and rapists. Nobody speaks up. You may have seen similar films in Hindi or Malayalam. In Kerala, we are so secular. There was a movie when a pujari spit on an idol and nothing bad happened. Could you imagine? It is a well-known award-winning film,” Justice Nagaresh stated.

Senior Advocate Dushyant Dave, who appeared on behalf of one of the petitioners, remarked that “the impact of film today is much greater on people’s minds today than books can ever be. This could lead to significant public law and order issues,” he submitted.

“I am also a strong supporter of freedom, but if it is likely to poison the minds of innocent people and endanger public order, such freedom must be limited,” Sr. Advocate Dave further added.

Sr. Advocate Dave urged the court to keep the constitutional concept of fraternity in mind when it considered the case. “Fraternity is very important in society; it is part of the basic structure,” he stated.

The court remarked that the film was not based on historical facts and was simply a narrative, to which Dave replied, “Please see what the purpose of the fiction is. The goal of literature is to portray Muslim community as villains. Isolated instances cannot be made to appear to be true and turned into a film.”

Sr. Adv. George Poonthottam said that the film’s concept portrays Kerala as a Centre of terrorist activity. The court, however, stated that “After all, this is a fictional story. The mere portrayal of a religious head is shown in a negative light cannot be used to justify a ban on the film.”

Advocate P A Mohammed Shah, representing one of the petitioners, claimed, “Parents will think I cannot send my children to hostels where Muslim students also stay because they will be converted. That’s the impression they’re giving here.”

He added, “they say only Hindu and Christian girls are being targeted, and their parents should be cautious. What will the parents think when they hear it’s a true story?” Advocate Kaleeswaram Raj argued that this was novel case in which the Court was asked to determine whether hate speech could be in a form of art.

Sr Adv Ravi Kadam, speaking on behalf of the film’s producer, stated that they have put a disclaimer and that it is a work of fiction. He stated, “It’s just ‘inspired’ by true events. Things are always dramatized in a film. Otherwise, no one will bother to watch it.”

Justice Nagaresh questioned Kadam on how they arrived at the figure of 32,000 women being converted. Kadam responded that the figures were based on information obtained by the producers; however, he agreed to remove the teaser that made the assertion.

‘The Kerala Story’ film claims to be based on true events that occurred in Kerala, where Hindu and Christian ladies were trapped in “Love Jihad,” converted to Islam, and dispatched on missions for ISIS in Syria, Iraq, and Afghanistan. The film follows the journey of four female college students from Kerala who end up joining the Islamic State. The film was released today.