Kerala High Court

KOCHI: The production company of the movie ‘JSK – Janaki v/s State of Kerala’, starring Union minister of state Suresh Gopi, agreed Wednesday to rephrase its title by adding the initial ‘V’ to the name, as suggested by Central Board of Film Certification. CBFC also agreed to mute or edit the word ‘Janaki’ in two scenes, thereby ending legal tussle over the movie. The bench of Justice N Nagaresh accordingly directed the petitioners, Cosmos Entertainments, to submit the modified version of the film for certification. CBFC has been instructed to issue a censor certificate within three days of the submission. CBFC had informed HC that permitting films such as ‘JSK – Janaki vs State of Kerala‘, in which lead character is portrayed as a rape victim bearing the name of a revered deity like Goddess Sita/Janaki, raises serious concerns regarding public order.CBFC made these remarks in a counter-affidavit filed as part of the legal battle related to the film. The affidavit stated that allowing such films to be publicly exhibited would set a dangerous precedent and open a ‘Pandora’s Box’ for future productions.According to the affidavit, the lead character Janaki is shown to be sexually assaulted in the film. The film further portrays Janaki being cross-examined in court, where defence counsel subjects her to several humiliating questions. CBFC argued that posing such provocative questions to a character bearing the revered deity’s name could disrupt public order and offend religious sentiments. Moreover, it pointed out that following the rape, Janaki is aided by a man from a particular religious community, while she is cross-examined and asked harrowing questions by a person from another community. This religious dichotomy in the treatment of a character named after Goddess Sita, it was contended, has potential to inflame communal tensions. CBFC emphasised that the determination of whether a film tends to disrupt public order must be made from perspective of an average moral person – someone of ordinary common sense and prudence – not through the lens of an individual completely indifferent to religious sentiments.The affidavit also cited the details of the themes of other films using divine names, including Janaki Jane, Sita Ramam (Telugu), Kallanum Bhagavathiyum and Malikappuram, and referenced prior instances where film titles were modified, such as Sexy Durga becoming S. Durga, Laxmmi Bomb changed to Laxmii and Loveratri to Loveyatri. CBFC also noted that the petitioner had not claimed that the film’s substance, theme, or intended social commentary would be compromised by changing the title or the name.