To make audience appreciate the life and culture of the character, filmmakers use such language: Kerala High Court dismissed a petition seeking removal 'Churuli' from OTT platform for using abusive language

The Kerala High Court today dismissed a petition removal of Malayalam mystery horror film Churuli from OTT platform Sony LIV for using obscene and abusive language.

While dismissing the plea, Justice PV Kunhikrishnan noted that,

The film is to be considered as a whole in a fair, free and liberal spirit without dwelling too much upon isolated dialogues or strong words used in the film here and there. The film is a creation of an artist. The filmmaker is trying to depict a story and the only point to be looked into is whether the dialogues in the film are within the four corners of the story and whether the dialogues in the movie are relevant in the facts and circumstances of that story."

The Court was hearing plea filed by Peggy Fen which sought a prayer to issue a writ in the nature of mandamus directing the respondents, which included Central Board of Film Certification (CBFC) to remove the Malayalam movie "Churuli" from the 'Over The Top Platform' ('OTT) as expeditiously as possible.

According to the petitioner, even though the movie 'Churuli' is capable of invoking a sense of curiosity and mystery in the minds of the audience, there is an overdose of foul language used in the movie. It is pleaded that the movie contains obscene and filthy languages which are opposed to public morality and tranquility.

Justice Kunhikrishnan however rejected such contentions. The Court referred to Bobby Art International v. Om Pal Singh Hoon and others where the Supreme Court had observed that ‘no adult would be tempted to use them (abusive language) because they are used in the film.’ The Apex Court said that, one should recognize the message of a serious film and apply this test to the individual scenes thereof. Relying on the same and the report filed by a special team constituted subsequent to an order, the Court noted,

"The centre of action in the movie is an illegal Arrack brewing centre deep inside the forest. The characters in the movie due to their living conditions and circumstances are forced to speak in rough and tough language with expletives and cuss words in their day to day interactions. The filmmaker used a language, which, according to his artistic view, is used by the people in “Churuli”. In order to make the movie believable and for the audience to fully appreciate the life and culture of the character, the filmmakers use such languages. The persons living in such conditions cannot be expected to speak in a decent language used by people residing in a normal area. Nobody can dictate a filmmaker to use only decent language in his film and it is his artistic discretion to choose the language but of course with reasonable restriction mentioned in Article 19(2) of the constitution."

The Court further went on to state that the prayers in the writ petition are vague, filed only for publicity. Even the relevant rule which is applicable in an OTT platform movie is not referred to in the writ petition, the Court noted.

"I have a strong doubt that the petitioner herself has not seen the movie in full with patience before filing this writ petition. Therefore, according to me, no relief can be granted in this writ petition," the Court observed.

Peggy Fen v Central Board of Film Certification & Ors.