Producers Of "The Kerala Story" Approaches SC Challenging West Bengal Government's Decision To Ban The Film In The State

On Tuesday, the producers of "The Kerala Story" filed a petition in the Supreme Court challenging the decision made by the West Bengal government to ban the screening of the film in the state. The ban was imposed on May 8th due to concerns about potential violence and hatred. The plea also contested the de facto ban on the film in Tamil Nadu, where theaters withdrew it due to anticipated protests. The petition specifically challenged the constitutionality of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, which authorized the state government to ban the film.

The Kerala Story" is a Hindi film that portrays a group of women from Kerala joining ISIS. Despite releasing on May 5, the film had already attracted criticism from various sources. In Kerala, the Communist Party of India (Marxist) and the Congress party accused the film of being a propaganda piece promoting false narratives and the agendas of right-wing organizations.

Following its release, the West Bengal government issued an order under Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, stating that the movie's public exhibition could potentially cause a breach of peace. To avoid any incidents of violence or hatred and maintain peace and order in the state, the government prohibited the film's screening in the state.

However, the filmmakers challenged the constitutionality of Section 6(1) of the West Bengal Cinemas (Regulation) Act, 1954, arguing that it is "ultra vires Part III of the Constitution of India." They contended that the act is unconstitutional because it is arbitrary and provides the executive with unrestricted discretion to ban a film that has already received certification from the Central Board of Film Certification (CBFC).

It was argued that in Tamil Nadu, theaters withdrew the film due to unofficial messages from state authorities indicating that the government did not endorse the screening of the movie.

In response, the petitioners requested that the court direct the states to provide police protection to theater owners and audiences during the public screening of the film.