Kerala HC Closes Plea Against Allegedly Objectionable Title Of 'Thankamani' Movie, Says CBFC Evaluation & Final Certification Still Pending

Justice Devan Ramachandran stated that the writ petition was filed anticipating an action over the title of the movie, but the CBFC has not granted final certification for the movie yet.

“That said, when the Censor Board undertakes before this Court that they will verify the cinematographic movie, to ensure that all statutory requirements are fully complied with, it can only imply that the objections raised by the writ petitioner in this writ petition will also seize their mind appropriately”, stated the Court.

The Court was hearing a plea relating to a new movie starring actor Dileep titled Thankamani which is based on a real-life incident that occurred in Thankamany village in Idukki district, in October 1986.

The plea states that the teaser hints at incidents of men in the village hiding in the agricultural lands and the women of the village being raped by the policemen. Petitioner argues that such incidents never happened and there are no official records or documents of such crimes. It had earlier sought instructions regarding the power of the CBFC to change the name of a film if it was found to be stigmatic or likely to create law and order issues.

The Counsel for the petitioner stated that the film intentionally or unintentionally was trying to rekindle the memories of the residents of the locality who were trying to forget it. It was argued that the film would mock their existence as well as that of the future generations, particularly, women and children.

On the other hand, the respondents contended that the filmmakers had no intention to cause any stigma to the villagers.

The Court noted that the grievance of the petitioner was only regarding the name 'Thankamani' for the movie since it depicts some real-life incidents that happened in the village of Thankamani around three decades ago. The Court found that his specific grievance was that the incident had cast stigma and aspersions on the village itself and on its residents. It stated that the movie based on real-life incidents which involved sexual offences against women in the village would bring back stigma upon the residents of the village.

The Court noted that the CBFC had not certified the movie yet and the evaluation was continuing. It was informed that the objections of the petitioner would also be taken into account by the CBFC before the final film certification would be granted.

The Court has also given liberty to the petitioner to approach the Court after the evaluation was completed by the CBFC if their grievances remain.

Accordingly, the writ petition was closed.

The plea was moved by Advocate Jomy K Jose

Citation: 2024 LiveLaw (Ker) 120

Case title: Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board

Case number: WP(C) 2199/2024

Click Here To Read/Download The Judgment