Kerala High Court Refuses To Entertain Plea Challenging U/A Certification Given To Malayalam Movie 'PANI'

The plea was moved stating that the U/A certification (unrestricted public exhibition with parental guidance) given to the movie was inappropriate as it contained obscene dialogues, scenes and violence, making it unsuitable for children. The movie released on October 24 is currently running in theatres. 

The Division Bench of Chief Justice Nitin Jamdar and Justice S.Manu permitted the petitioner to withdraw the plea since he had approached the Central Board of Film Certification (CBFC) with a representation. The Court stated that the representation submitted by the petitioner can be considered by the CBFC as per law.

The petitioner argued that 'Pani' movie must have been given A certification (only adults) instead of U/A certification as per the Cinematograph Act. It was stated that the movie can influence children negatively.

The plea stated “The scenes involves sexual violence against women viz; attempt of rape, showing vulgar forms of molestation, sexual perversions, degrading and denigrating women as a whole, offending by vulgarity and obscenity, violence, cruelty intending to provide entertainment effecting desensitizing people are shown. It also depicts words and visuals likely to insight the commission of offences.”

The petitioner stated that the U/A certification is issued without considering the provisions of the Cinematograph Act which was amended in 2023. It was stated that the movie is unsuitable for family audiences or children. It was stated that children cannot differentiate between real life and movies and they have a tendency to imitate film stars. It was thus argued that the CBFC should not have granted U/A certification to 'Pani' movie as it is unsuitable for children.

The petitioner thus sought for a direction from the Court to change the certification given to the movie from U/A to A. Additionally, the petitioner sought an interim relief from the Court to restrain children below the age of 18 years from watching the movie. 

The plea was moved by Advocates Ajith George , C.S.Shahul Hameed, Alok Raj, Dinurag M, Ashitha Pauly , P.T.Thajmina

Case Number: WPC 39284/2024

Case Title: Binu P Joseph V Central Board Of Film Certification & Others