FEFKA moves Kerala High Court against censor cuts

The two scenes wanted by the board to be deleted are related to nudity.

Update: 2016-06-14 20:19 GMT
Kerala High Court

Kochi: The Film Employees Federation of Kerala, directors’ union and director of the Malayalam film, Kathakali,  have approached Kerala High Court against the demand of three cuts by the Central Board of Film Certification (CBFC) before issuing the certification for public screening.  Kamal, president of FEFKA, and Saijo Kannanaikkal, director and producer of the film, moved the court after the Censor Board insisted on deleting  three scenes in the film.

The petitioner sought a directive to the board to certify the petitioner’s film Kathakali in accordance with section 5A of the Cinematograph Act, 1952. He is ready to delete the objectionable words from a scene, Saijo  argued. The two other scenes wanted by the board to be deleted are related to nudity. It is non-sexual nudity and it is justified as being part of the story. The scene, as the culmination of the film, conveys many things which at any stretch of imagination cannot be deemed vulgar or prurient.

Though the objectionable audio was deleted, the Censor Board officer is insisting on full compliance with the required modifications. The delay in getting the film cleared is causing great loss and hardships to the petitioner. The denial of certification is preventing the commercial and artistic use  of the film within the country.

The guidelines for certification of a film for  public exhibition oblige  the CBFC to ensure that human sensibilities are not offended by vulgarity and  obscenity. The petitioner has not violated any of the guidelines of the board nor has he offended any human sensibilities. The attitude of the board amounted to denying the constitutional right of freedom of expression guaranteed by Article 19(1)(a) of the Constitution, said the petitioner.

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