Do you want to dictate character names and storylines, Kerala HC asks censor board
Central Board of Film Certification
(CBFC) for objecting to the use of the name 'Janaki' in a film's title or as the name of its lead character, asking how it could be considered contemptuous to any racial, religious or other group.
The court was hearing a petition filed by Cosmos Entertainments, the producer of the Malayalam movie 'JSK – Janaki v/s State of Kerala', seeking a directive to CBFC to issue the censor certificate in a time-bound manner. The petitioner contended that the film tells the story of a rape survivor named Janaki, who fights for justice. However, the board issued an order requiring the title of the film and the name of the lead character, 'Janaki', to be changed wherever it appeared, as a condition for certification.
Meanwhile, the CBFC maintained that the use of the name 'Janaki', another name for the goddess Sita, violates Guideline 2(12) for film certification, which prohibits visuals or words that are contemptuous of racial, religious or other groups.
During hearing, Justice N Nagaresh observed that the reason cited by the board, that the title violates the certification guidelines, appeared prima facie unsustainable.
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The court orally asked: "What is wrong with the name Janaki? Why should the petitioner change the title? Give a reason. Do you dictate to directors and artists which titles they should use or what stories they should tell?" The court further observed that in India, a large proportion of personal names are drawn from religion, be it Hindu, Christian or Muslim traditions, and cited examples such as Ahammed, Antony, Krishnan and Kesavan.
Nearly 80% of names, it noted, have religious connotations. It further remarked that naming characters is part of artistic freedom, and the CBFC cannot interfere with that. Although the CBFC's counsel submitted that this freedom is not absolute, the court responded that the board had failed to provide a convincing explanation as to how the name 'Janaki' could be considered contemptuous to any group.
The bench also observed that "In the movie, Janaki is a heroine fighting for justice.
She is not a rapist. If a rapist was named Rama, Krishna or Janaki, then we might understand. At least then, there could be an argument that divine names should not be used." Accordingly, the court directed the CBFC to file a statement by Wednesday clearly explaining why the name 'Janaki' cannot be used and remarked that the matter cannot be adjourned indefinitely.
Notably, Union minister of state for petroleum and natural gas, Suresh Gopi, stars in the movie, which falls within the courtroom drama genre.
'CBFC Order Issued Without Applying Mind'
During hearing, CBFC submitted the order of its revising committee, which also directed the producer to change the film's title and the lead character's name. The petitioner alleged that the order was issued without applying their mind. He pointed out that the final paragraph of the order stated that if the petitioner disagreed with the revising committee's decision, they could approach the Film Certification Appellate Tribunal (FCAT).
He noted, however, that the FCAT had been abolished in 2021 through an ordinance. The petitioner also submitted that in 2023, the CBFC had certified another Malayalam film titled 'Janaki Jane', and argued that this undermined the current objection.
The petitioner requested HC to view the film before the next hearing, but the bench declined the request. It was brought to the court's notice that the Bombay High Court had previously screened the film 'Jolly LLB' in the courtroom during a related case. However, HC stated that it was not necessary in this matter.
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