'Law cannot be used to put a premium on public intolerance': SC stays West Bengal govt's ban on 'The Kerala Story' film

Senior TMC leader Biswajit Deb had said earlier that 'The Kerala Story' was banned under Section 6 of the West Bengal Cinemas Regulation Act, 1954 which stipulates that a film can be permanently prohibited if there is a potential for it to incite violence.

According to India Today, the Supreme Court, in today’s order, stated, “Law cannot be used to put a premium on public intolerance, otherwise all films will land in the same spot."

The Kerala Story, directed by Sudipto Sen, depicts the alleged radicalisation and conversion of young Hindu and Christian women to Islam in Kerala and their recruitment into the terrorist organisation Islamic State or ISIS.

The apex court’s decision came in response to a plea filed by makers of 'The Kerala Story' seeking the lifting of the ban imposed in West Bengal.

The filmmakers also raised concerns about the situation in Tamil Nadu, where the state government alleged that theatres voluntarily stopped screening the movie.

In response, the Supreme Court directed the Tamil Nadu government not to take any action to restrict the film's screening and to ensure the safety of moviegoers.

"The film will be screened in both Kerala and Tamil Nadu. Filmmakers need to put a disclaimer saying that the story is fictional and there is no evidence for the figure of 32,000," the court noted, the report said.

On Friday, the Supreme Court had criticised the West Bengal government for putting a ban on the screening of 'The Kerala Story' in the state.

Addressing a press conference on May 8, West Bengal CM Mamata Banerjee had said, “West Bengal government has decided to ban the movie The Kerala Story. This is to avoid any incident of hatred and violence, and to maintain peace in the state.”
“What is The Kashmir files? it is to humiliate one section. What is The Kerala story?... It is a distorted story,” she had said.

The court questioned why the film couldn't be released in West Bengal, raising concerns about artistic freedom. It noted that the movie was being screened in other parts of the country, highlighting the inconsistency of its ban in West Bengal.

Congress, BJP react

Meanwhile, on Thursday, West Bengal Congress president Adhir Ranjan Chowdhury reacted Supreme Court’s stay on the Bengal government’s ban on ‘The Kerala Story’.

Chowdhury said the film is running in movie halls across the country and thousands of people are associated with it.

“I have seen the movie and tried to understand the message transmitted by it. I am against throttling freedom of expression with bans but I also have the right to object,” he said in a press conference in Kolkata.

In a tweet, Amit Malviya, BJP’s West Bengal co-in-charge, welcomed the Supreme Court’s decision to reverse the ban on the film while adding that Chief Minister Mamata Banerjee, who is also the Home Minister of the state, is obliged to ensure the screening of the movie without disruptions.

Malviya wrote: "It is unfortunate that West Bengal CM Mamata Banerjee chose to stand with radical elements and not with our daughters, many of who had been brainwashed, and used as cannon fodder for radical organisations like ISIS, among others, when she banned The Kerala Story.

“It is now incumbent on Mamata Banerjee, as the Home Minister of Bengal, to ensure that the movie is screened without any disruption. Her constant dog whistles, like this one, is steeped in appeasement politics, and on several occasions, have undermined free speech and expression in Bengal."

Kerala Story's performance at the box office so far

Since its release on May 5, the film has received both negative and positive reviews from critics for the acting and treatment of the story. The film also faced protests with multiple court cases seeking complete ban on its screening.

Despite the demands for prohibition and no-screening in states like Tamil Nadu and West Bengal, the movie has managed to do extremely well at the box office.

According to film critic and business analyst Taran Adarsh, the movie has done a business of Rs 164.59 crore since its release and should cross Rs 200 crore by the end of its third week in the theatres.

" #TheKeralaStory maintains a STRONG GRIP… Crosses *Week 1* biz [₹ 81.14 cr] in *6 days* of *Week 2*… Should hit ₹ 200 cr in Weekend 3… [Week 2] Fri 12.35 cr, Sat 19.50 cr, Sun 23.75 cr, Mon 10.30 cr, Tue 9.65 cr, Wed 7.90 cr. Total: ₹ 164.59 cr. #India biz. #Boxoffice," Taran Adarsh tweeted.