Kerala High Court to Screen ‘Haal’ on Oct 25 Over Beef Biryani, Burqa Scene Controversy

High Court to Review Film Amid Censor Row

It is in a very different step that the Kerala High Court will be screening the new Malayalam movie movie ‘Haal’ this evening, October 25. This is not a regular screening but a major aspect of a court hearing. The film will be viewed by a judge of High Court and attorneys on both parties to determine one of the biggest controversies. The producers of the film had taken the case before the court to appeal to the Central Board of Film Certification (CBFC) also referred to as Censor Board to permit the film to be released in theatres without the 15 to 19 scenes being removed or modified.

The controversy had started after the CBFC regional office watched the film and after that sent it to a revising committee in Mumbai. This committee advised many cuts and that the film can only be released on an A certificate, that is, it is not suitable to other people except adults. This decision was petitioned in the High Court against by the filmmakers, including producer Juby Thomas and director Muhammed Rafeeq (also by his other name, Veera). They claim that the edits being sought by the Censor Board are unjust and hurt the plot of the movie.

The judge working on the case, Justice VG Arun, concluded that it was better to hear the conflict by watching the film personally. The screening will be held at a private studio at Kakkanad. Other parties involved in the case such as the Catholic Congress, who are representatives of the Censor Board will also be present. Final decision of the High Court, which will follow the screening will ascertain whether the film can be released as the director intended which is ‘Haal’.

The movies makers informed the court that the movie that starred Shane Nigam was produced with a cost of almost 15 crore rupees. It was initially to be published on September 12. They claimed that such delays and number of cuts they require are hurting them financially. In their opinion, the Censor Board is discriminating against their movie and violating their right to free expression. The next hearing of the case is planned at the court on October 30.

The Heart of the Controversy

The Censor Board has protested against a large variety of scenes and conversations in ‘Haal’. The controversy discussed in the headline covers two points. One of them is a scene characterized by the eating of beef biryani by characters reportedly. The other is a song sequence in which the main actress who is a Christian girl wears a burqa or a Muslim religious wear to conceal her identity. Both these scenes have been ordered by the CBFC to be eliminated out of the movie.

But the objection list of the Censor Board is much longer. The board also has requested that conversations that identify with the RSS, a Hindu nationalist group like dhwaj pranam (flag salutation). It also directed the removal of a line that refers to Ganapati vattam (the name proposed by BJP leaders as the name of the town of Sulthan Bathery at Wayanad). Censor Board also desires that an image of rakhi should be blurred wherever it appears.

The movie ‘Haal’ is said to be a musical romance of an interfaith love affair between a Muslim male and a Christian female. The filmmakers state that the scenes play a crucial role in this narration. The director has noted that the movie puts a good message that the couple chooses to honor one another in their religions rather than converting. He wondered how scenes portraying individual decisions by a character such as eating a foodstuff would be censored or perceived to be offensive.

According to the notice delivered by Censor Board to the producer, the film was concerned with the socio-cultural dynamics and it also had religious sensitivities. It decided that the film was not fit to every audience, and the A certificate as well as the cuts were mandatory. The board also insisted on a change of a scene in the police interrogation, stating that it portrayed the police and the state authorities in a negative light and depicted a scenario of discrimination of some religious groups.

Religious Groups Join the Case

Religious organizations have also entered the legal battle and this has made the battle even more complex. A Christian organization known as the Catholic Congress took a plea to be included in the case, and the High Court granted it. This association highly rejects the release of this film in its current state. According to them, the film includes unacceptable allusions to the Thamarassery Bishop House and portrays the Bishop without the Diocese consent.

The Catholic Congress claims that the movie makes the bishop defamatory. Their petition claims that the movie makes the bishop to appear sympathetic to the interfaith relationship. The organization asserts that it has misrepresented this, and this may damage the religious feelings of the Christian fraternity. They further claim that the movie popularizes the idea of the so-called Love Jihad, a disputable conspiracy theory and may destroy communal peace.

These accusations have been vehemently refuted by the filmmakers in court. Their attorney said that the movie does not depict any religion or religious figure negatively. One of the scenes narrated by the lawyer is when the father of the girl requests her to change, but the boy disagrees. In the later part, a bishop advises a couple that they are supposed to respect one another concerning their religion. The attorney posed the question to the court how this could be considered anti-Christian considering that it is a good message of respect.

This aspect of the conflict points out to the extreme sensitivity of interfaith relationships and religious characters in movies. Even before the case was brought to the High Court, the Catholic Congress had already petitioned the Censor Board on October 3. Their participation adds a religious touch to an already complicated case, which compels the court to consider the freedom of art over the emotions of various communities.

A Broader Debate on Censor Cuts

The most recent case of this in a line of disputes involving filmmakers and Censor Board in Kerala involved the case of ‘Haal’. It is not only that the filmmakers are petitioning to the High Court regarding their movie but are also requesting the court to draw new, fresh guidelines according to which Censor Board takes into account an application of censorship.