The Kerala High Court, after viewing the Malayalam film Haal, said that the theme of the film was in tune with the foundational principles enshrined in the Constitution, and held that its portrayal of interfaith relationships could not be misinterpreted, while observing that the depiction of a Christian girl wearing Muslim attire could not be categorised as indecent, immoral, or capable of inciting violence, and directed the Central Board of Film Certification (CBFC) to issue fresh certification within two weeks.
The court’s direction came after the filmmakers challenged the board’s earlier insistence on several modifications and deletions, which had prompted them to approach the judiciary seeking relief from what they described as an unreasonable stance.
The matter reached the court after the CBFC had demanded six changes, including the removal of scenes and dialogues related to beef biryani and references associated with political or cultural sensitivities, and the filmmakers, while contesting most of these instructions, informed the court that they had voluntarily decided to excise two scenes involving court proceedings and beef biryani.
They had also removed certain lines referring to expressions linked to political groups or ideological associations, which led the court to note that it was unnecessary to comment on the correctness of those specific directions, as the petitioners had already chosen to delete them.
The High Court, having assessed the film from the standpoint of an ordinary person of common sense and prudence, concluded that the board had erred by evaluating the film from a hypersensitive perspective, which resulted in an approach that appeared to prioritise the fear of offending overly sensitive sections rather than assessing the work through a balanced and constitutionally grounded lens.
It found that the film’s core message was neither provocative nor misrepresentative of interfaith relations, and that its narrative aligned with principles of secularism and fraternity that form the bedrock of Indian democracy, thereby ruling out any justification for the restrictive interpretation adopted by the CBFC.
The court further held that the scenes involving a Christian girl using Muslim attire, or schoolboys present during a police interrogation, did not violate standards of morality or decency, and fell well within the artistic freedoms guaranteed to filmmakers.
It added that the board’s attempt to justify its stance by invoking the need to balance creative freedom with reasonable restrictions could not override the essential constitutional values that protect artistic expression, and directed the CBFC to reconsider the film without disregarding these fundamental principles, thereby clearing the way for a re-certification process to be completed within the stipulated two-week period.