Malayalam Film "Aquarium": Delhi HC Directs Authorities To Decide Petitioner's Representation To Stop Release On OTT Platform

The Delhi High Court on Monday directed the Authorities concerned to decide the representation of the petitioner made to the Secretary of Ministry of Information and Broadcasting by the petitioner to stop the release of malayalam movie "aquarium".

The development came in a plea filed by a Catholic nun urging for issuance of directions to stop the release of the film on the grounds that it is "blasphemous" in nature and would hurt the religious sentiments of the Christian community at large.

A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh ordered thus:

"In view of this limited submissions, we direct the concerned respondent Authorities to decide the representation dated 8th May, 2021 (Annexure P-4) preferred by the petitioner, in accordance with law, rules, regulations and Government policies applicable to the facts of the case, as early as possible and practicable."

The petitioner, Jessy Mani, a catholic nun and a psychologist by profession had opposed the release of the film on the grounds that it allegedly "depicts the sexual relationship of nuns with two priests" and an "emotional relationship with Jesus Christ". The plea had sought steps to be taken by the Union of India and Saina Infotainments Pvt Ltd which runs the OTT platform "Saina Play".

Starring actors Sunny Wayne, Honey Rose and Rajshri Ponnappa in lead roles, the film was alleged by the petitioner to be portraying the "religious life of catholic priests and nuns...merely as sex toys". 

The plea elaborated that "there are scenes of sexual relationships among same-sex, between priests and nuns and sex with animals, which "in a highly derogatory manner," end up "tarnishing the reputation of the Catholic Church and its members." The overall effect is alleged to be "demoralizing of the the members who joined in the priestly order and nunship."

Jessy Mani stated that the movie which was originally completed in 2012-13 and named 'Pithavinum Puthranum Parisudhathmavinum' meaning "Father, Son and the Holy Spirit", had the word Parisudhathmavinum deleted later by the producers to remain non-controversial.

Further, the film was also denied certification by the Central Board of Film Certification, for violating censorship standards, after which public exhibition attempts of the movie were "dropped in 2015".

However, the producers with revived hopes are releasing the movie on the OTT platform, "Saina Play" by merely changing the title.

The petition prayed for a writ of mandamus to direct the Union to take steps to stop the release of the movie, for being blasphemous in nature, and hurting the religious sentiments of Christians at large.

Alternatively, the plea sought for directions to the Union and "Saina Play" to take necessary decision on its representation on the subject matter, thereby deferring the release of the movie, till a decision is taken on it.

Last week, the Kerala High Court has stayed for two weeks the certification granted to  Film in a plea asserting 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.

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