Supreme Court Pauses Bengal Ban On 'The Kerala Story', Orders Disclaimer

The West Bengal government's ban on the movie 'The Kerala Story' was paused on Thursday by the Supreme Court, which also asked the makers to ensure that the film carries a disclaimer stating that it is a fictionalised account of events and there is no data to back its claim that 32,000 women in Kerala were forced to convert to Islam and join ISIS.

Judges led by Chief Justice DY Chandrachud said the state government has to maintain law and order as the film has been granted certification by the Central Board of Film Certification (CBFC).

"Prima facie we are of the view that the prohibition by West Bengal is not tenable on the basis of material before. Thus, the order banning the film is stayed," the court ordered.

The disclaimer, which must be added by 5 pm on Saturday, should say that "there is no authenticated data to back up the suggestion on the figure of conversion and the film represents the fictionalised version", the court said.

It also asked Tamil Nadu to ensure the safety of moviegoers, taking note that while the state had not banned it, theatre owners had decided to stop screening the film due to security concerns.

On a petition challenging the CBFC certification of the film, the court said it would be listed in July, after its summer vacation, as it would first have to see the movie.

Observing that "bad films bomb at the box office", the court said, "The legal provision cannot be used to put a premium on public intolerance. Otherwise, all films will find themselves in this spot."

Appearing for the producer of the movie, senior advocate Harish Salve said states cannot sit in appeal over the grant of certification to a movie but agreed to arrange the disclaimer about the film being a fictionalised depiction.

The top court was hearing cross-pleas with the producer of the film challenging the ban on its screening in West Bengal and the decision by theatre owners in Tamil Nadu to not show the movie in the state, while journalist Qurban Ali has challenged the Kerala High Court order refusing to stay the release of the film.

The Sudipto Sen directorial, which was released in cinemas on May 5, sparked controversy by alleging that thousands of women in Kerala were forced to convert to Islam, and they joined ISIS, which critics have pointed out is a claim without evidence.

It has also been accused by the opposition of propagating stereotypes and fanning communal hatred but has been backed by several BJP leaders, including Prime Minister Narendra Modi. The BJP government in Uttar Pradesh has also waived the tax on the film's tickets.