Kerala High Court Stays CBFC Certification Of Malayalam Film 'Aquarium' On Nun's Plea That It Offends Religious Sentiments

A Bench of Justice PV Kunhikrishnan issued the stay order upon a petition by a nun, Sister Josia.

"Hence, all further proceedings based on certification granted as per certificate dated... is stayed for a period of two weeks", the Court ruled.

In Court, Senior Advocate George Poonthottam for Sister Josia argued that the film is highly defamatory to Roman Catholic Christians, and stated that the film was slated to be released over OTT. With this submission, the senior counsel took the Court through some of the scenes in the script, contending that the script contained defamatory statements about nuns.

Upon this submission, Justice Kunhikrishnan remarked that he did not want to make any observations about the contents of the script, especially since the state was under lockdown as a result of the surge in Covid-19 acses.

The Judge remarks in his order,

"I don't want to make any observation about the contents of … script. Admittedly, it is a pandemic situation. The entire State is under lock down. The apprehension of the petitioners is that if the cinema by name 'Aquarium' is released in the online platform, it will damage the sentiments of the petitioners and their community."

He went on to express that the matter was to be heard in detail, with the Court's jurisdiction over the matter also to be decided.

For these reasons, the Court deemed it fit to issue an interim order can be passed in light of the facts and circumstances of this case.

"I also taken note of the submission from the senior counsel that there is no appellate remedy against the above order," the Order states.

The petition, averring that the film offended the sentiments of Christians as a whole and nuns and priests in particular, has sought these prayers pending disposal of the petition -

• An order restraining respondents 4,5, 6 and 7 from exhibiting the film 'Aquarium' in the online platform,
• Stay on operation of the certification granted 

The petition asserts that the portrayal of nuns and priests and their sexualities amounts to cheap publicity and is to defame Christianity by "giving a totally different concept of priesthood and to the nunship." It contains messages of communal divide and disharmony among the members of different community, the plea states.

Additionally, it is posited that the film certification was obtained by fraud. It is alleged that the film was shot sometime in the year 2013, originally named as 'Pithavinum Puthranum Parishudhathmavinum'. The application for a certifcate was rejected, Sister Josia's petition asserts. Her plea contends that the name of the film has been changed and the permission is understood to have obtained by practicing fraud on the Censor Board by changing the name with the same script. Wrong information might have been given for obtaining the the purpose of obtaining the film certificate, the plea states. Again the petition claims that the film offends the religious sentiments of Christians, public order, decency and morality.

The petition states,

"The certification given by the Censor Board through order bearing ... though the same was rejected earlier when presented in the name Pithavum Puthranum Parishudhathmavum' is without taking into account, the message that is sought to be conveyed to the society about the nuns as a class. It is offending the dignity of nuns who have dedicated their life in absolute faith to the contents in Holy Bible. The script writer Is seen to have misunderstood life pattern of nuns who follow celibacy and have taken a perpetual vow and leading the life by renouncing the worldly happiness."

Citing these reasons, the petitioner prays for a declaration that the certification granted to the film was made by suppressing the rejection of teh earlier film.

During proceedings, Assistant Solicitor General of India took notice for the Centre and the Central Board of Film Certification. The Court directed that other respondents be sent urgent notice by speed post.

Significantly, the Delhi High Court is tomorrow scheduled to hear a plea by a Catholic nun urging for issuance of directions to stop the release of Malayalam film 'Aquarium', which is set to air on an OTT platform on May 14, on the grounds that it is "blasphemous" in nature and would hurt the religious sentiments of the Christian community at large.

The matter in the Kerala High Court is expected to be taken up next on May 20, 2021.

CASE: Sr Josia v. Union of India

COUNSEL: Senior Advocate George Poonthottam and Advocate John Varghese, for the petitioner. Assistant Solicitor General of India for Centre and CBFC