India: Supreme Court lifts ban on film The Kerala Story in West Bengal

The Supreme Court on Thursday lifted the ban on The Kerala Story in West Bengal, a state in eastern India. The film, which got a commercial release on May 5, had been banned by the Bengal government in order to maintain peace within the state.

“The state of WB has issued under Section 6(1) r/w proviso West Bengal Cinema Regulation Act 1954 prohibited the exhibition of the film in the state of WB,” the bench said.

“Prohibition by West Bengal is not tenable. The order of the additional secretary of WB shall remain stayed,” it said.

The West Bengal government had told the SC, thatThe Kerala Story was banned in the state because it contains “hate speech” and “manipulated facts” which can hurt communal harmony and disturb the law and order situation.

The state’s affidavit, filed through advocate Astha Sharma, said the movie was “based on manipulated facts and contains hate speeches” and there were multiple scenes that have the potential to “hurt communal sentiments” and cause “disharmony among communities."

The apex court bench said that it is the duty of the state government to maintain law and order as the film has been granted certification by the Central Board of Film Certification (CBFC).

“Bad films bomb at the box office,” the bench said, adding, “The legal provision cannot be used to put a premium on public intolerance. Otherwise, all films will find themselves in this spot,” the benchheaded by Chief Justice D Y Chandrachud and also comprising justices P S Narasimha and J B Pardiwala, said during the hearing.

The West Bengal government had filed an affidavit in response to a petition by the film’s producers, M/s Sunshine Pictures Private Limited and Vipul Amrutlal Shah, who challenged West Bengal’s ban on screening the film in the state.

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