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Kerala High Court Upholds Artistic Freedom in CBFC vs. JSK – Janaki v. State of Kerala

The Kerala High Court upholds creative freedom in the CBFC censorship case against JSK – Janaki v. State of Kerala, stressing that names like “Janaki” are not exclusive religious symbols. Read how this decision reshapes the debate on censorship and artistic liberty in Indian cinema.

Introduction: A Clash Between Censorship and Creativity

In a landmark judgment, the Kerala High Court defended artistic freedom against unjust censorship by the Central Board of Film Certification (CBFC). The controversy erupted over the Malayalam film JSK – Janaki v. State of Kerala, which centers around a courtroom drama involving a rape survivor named Janaki—a name traditionally associated with the Hindu goddess Sita.

CBFC’s Objections and Censorship Demands

Produced by Cosmos Entertainments, the film depicts Janaki being cross-examined in a court trial. The CBFC initially refused certification, raising objections over:

  • The use of the name “Janaki” in a sensitive courtroom context.

  • Scenes where a Muslim defense lawyer questions the protagonist on drug use and pornography, potentially impacting religious harmony.

The CBFC first demanded 96 cuts, later reducing its conditions to two major alterations:

  1. Renaming the character as Janaki V

  2. Muting the name “Janaki” in court scenes

Kerala High Court’s Ruling: Upholding Expression

Justice N. Nagaresh, presiding over the case, criticized the CBFC’s reasoning, stating:

“Janaki is a common Indian name and cannot be monopolized as a religious symbol.”

The Court warned that such arbitrary censorship could set a dangerous precedent that restricts creative expression. The judge emphasized the difference between genuine religious offense and presumed symbolic sensitivity.

Filmmakers Accept Changes Amid Pressure

To avoid further delays, the filmmakers agreed to the CBFC’s two suggested modifications. The High Court, acknowledging these changes, directed the CBFC to certify the film within three days of submission.

Broader Implications: Creative Freedom vs. Cultural Sensitivity

This case has reignited national debate around:

  • Freedom of expression in cinema

  • The role of religious identity in artistic narratives

  • The limits of state censorship in a democracy

The court’s verdict affirms that creative storytelling cannot be curtailed merely due to hypothetical offense. It also signals the urgent need for clearer censorship guidelines that balance cultural respect with constitutional freedoms.

What Lies Ahead for Janaki V

With the character now renamed and the controversial sequences adjusted, JSK – Janaki v. State of Kerala is expected to receive certification soon. The film’s theatrical release could mark a turning point in how the Indian film industry navigates creative risk and institutional regulation.

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