Kerala HC Upholds 'Haal' Film Cuts Verdict: A Victory for Artistic Freedom

A division bench of Justice Arvind Sushrut Dharmadhikari and Justice P.V. Balakrishnan delivered the verdict.

The Catholic Congress had argued in its appeal that the film portrayed the Bishop of Thamarassery in a manner inconsistent with his publicly stated opposition to interfaith marriages.

It also contended that the film functioned as "propaganda" aimed at downplaying concerns around so-called "Love Jihad."

The single judge's bench, however, had earlier held that the depiction fell well within the scope of creative expression and that films cannot be censored for failing to align with the beliefs or sensitivities of individual groups.

The Union Government and the Central Board of Film Certification (CBFC) had separately challenged the maintainability of the filmmakers' writ petition under Article 226 of the Constitution.

Both appeals were heard together after the division bench decided to watch the film before ruling on the matter.

"Haal", starring Shane Nigam, was initially scheduled for release on September 12. Delays in certification led the filmmakers to move the High Court, prompting the CBFC's Revising Committee to issue an A-certificate subject to six cuts -- including the widely debated beef biriyani scene.

The producers and director then approached the court again, this time challenging both the certification and the mandated excisions.

During the hearings before the single judge's bench, the Catholic Congress and an RSS office-bearer were impleaded to present objections.

After viewing the film and hearing extended arguments, the single judge's bench held that four of the six cuts were unwarranted.

These included scenes depicting a Christian heroine dancing in a burqa, visuals of the Thamarassery Bishop's residence, police interrogation sequences, and a suggestion to blur the name of a Christian institution.

As the filmmakers had already agreed to remove excisions 5 and 6 -- including the beef biriyani scene and select dialogues referring to a cultural organisation, these were not evaluated on merits.

The single judge's bench ultimately directed the CBFC to reconsider certification without the contested cuts.

Challenging this, the Catholic Congress and later the Union Government approached the division bench, which has now upheld the earlier order, marking another judicial endorsement of filmmakers' constitutionally protected creative space.

- IANS