The Kerala High Court has set aside the recommendation of the revising committee of the Central Board of Film Certification (CBFC) to refuse certification for the public screening of Malayalam film KA Bodyscapes , produced and directed by the New York-based filmmaker Jayan Cherian.
Justice P.B. Suresh Kumar, while allowing a writ petition filed by Mr. Cherian, also directed the revising committee to give notice to the petitioner indicating the reasons for banning the screening of the film with specific reference to the theme of the film and relevant guidelines. The committee had recommended to the board to refuse certification for the film on the grounds that the film contravened the guidelines on film certification. The CBFC contended that the film contained scenes promoting homosexuality and nudity and had vulgar dialogues. In the affidavit, the board said the film had scenes showing menstrual blood and sanitary napkins. The affidavit contended that the scenes of KA Bodyscapes were “ridiculing, insulting, and humiliating Hindu religion.”
Citing a Supreme Court ruling, the court observed that an overall view of the obscene matter in the setting of the work would be necessary to ascertain whether the matter was objectionable. The court added that if the objection concerned only the depiction of the Hindu God Hanuman and the reference to masturbation of women and homosexuality, there was no need to ban the exhibition of the film, as the scenes could be deleted or modified.
Asks board panel to give notice to the petitioner indicating reasons for banning the screening of the film
