Isn't demand for change of name of film a challenge to freedom of creative expression, asks HC
The committee had in addition sought the change of the same name by which the protagonist was being referred to in the film and in dialogues. Stating that the demand for change of name was not justifiable, the court sought the precise reason for which the CBFC raised the demand and posted the case for hearing on Wednesday.
'In India, a good share of names are either of gods and goddesses or have similarities with their names,' the court said.
Counsel for the film's producer firm, which filed the petition, said the CBFC had not cited any problem with 'Janaki' in the title earlier this year, when its trailer was released. The same board had issued censor certificate for a film by name Janaki Jaane.
Board's counsel said the character Janaki in the film JSK – Janaki vs State of Kerala was being sexually assaulted and hence the demand for change of name. Moreover, there was a norm that films must not have adverse references to religion or caste.
To this, counsel for the petitioner firm contended that the character Janaki portrayed in the film was a fighter for justice. The court observed that the character was a victim who was fighting for justice, and not an accused.
The petitioner firm added that an appellate tribunal, where appeals regarding censor certificate could be taken up, was dismantled in 2021 and there was no other forum but the court to pursue the matter.
Stating that films bearing similar names had been released earlier, the High Court had on Friday asked the CBFC why censor certificate had not been issued for the film (that stars among others, Union Minister of State Suresh Gopi).
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