SC stays Bengal ban on Kerala Story, agrees to watch it to decide what can be ‘permitted’

The Supreme Court today stayed the West Bengal government’s ban on the screening of the film The Kerala Story, stating that the “prohibition is not tenable” and statutory provisions cannot be used to “put a premium on public intolerance”.

However, the court orally remarked that “as much as we protect free speech, you cannot vilify a community”, according to a Live Law report. It agreed to watch the film and lay down guidelines to “define a doctrine” about what can be “permitted” as petitioners said it could lead to violence, hate and discrimination against a community.

On May 8, the Mamata Banerjee-led government had banned the screening of the film, under provisions of the West Bengal Cinema Regulation Act, 1954, citing hate speech, manipulated facts, and threat to law and order.

The bench headed by Chief Justice DY Chandrachud said that it is the state government’s duty to maintain law and order as the film has been granted certification by the Central Board of Film Certification. However, the bench took note of the unwarranted claim made by the film that 32,000 women from Kerala had been converted to Islam and recruited to ISIS. It said the filmmakers must put a disclaimer saying that the film is fictional.  

Senior advocate Harish Salve, representing the film’s producer, agreed to the disclaimer, saying there is “no authentic data available to back up the suggestion that the figure of conversions is 32,000 or any other established figure”.

Earlier this week, the Tamil Nadu government told the Supreme Court there was no “shadow ban” on Kerala Story in the state. The DMK government said these were “false and sweeping allegations” with “malafide intentions” for publicity.  

The controversy surrounding Kerala Story is similar to last year’s hullabaloo over The Kashmir Files, directed by Vivek Agnihotri (he of “facts are not facts” fame). Read this piece on Newslaundry on why Kashmir Files is problematic.

Update at 7.50 pm, May 18: The report and its headline has been updated with additional details about the hearing.