Why can't rape survivor's character in Suresh Gopi film be named Janaki? Kerala High Court asks CBFC

The Kerala High Court on Monday expressed its perplexity at the objection raised by the Central Board of Film Certification (CBFC) to the name of the titular character of upcoming Malayalam movie JSK: Janaki v State of Kerala, starring Union Minister Suresh Gopi [M/s Cosmos Entertainments v. The Regional Officer]. .Deputy Solicitor General of India (DSGI) OM Shalina told the Court that the name Janaki refers to the Hindu goddess Sita, and its use in the film fell foul of rules against names and themes that are contemptuous of religions.Justice N Nagaresh said that he failed to understand why the character, who is a rape survivor fighting for justice, ought not be named Janaki."She is the victim? If a rapist is named Rama, Krishna, Janaki, I may be able to understand. Here she is a heroine fighting for the cause of justice," Justice Nagaresh remarked.The judge also criticised the CBFC for its apparent interference with the right to freedom of speech and expression.'Now you will dictate to directors and artists which names they should use and which stories they should tell? Why should they change the name? What is wrong with Janaki? How is it contemptuous of a religion? ... That is the freedom of artists. You cannot interfere in that. It is not absolute, but you do not have a convincing reason," he orally observed. .The Court was hearing a petition moved by the movie's production company, M/s Cosmos Entertainments, over the delay in censor certification for the movie. The petition stated that the application for film certification was submitted via the CBFC's e-cinepramaan portal on June 12. However, the CBFC has not yet issued a certificate or raised any formal objections. It was also pointed out that the CBFC had previously issued a censor certificate for the teaser trailer of the film. As per the petitioner, the delay by the CBFC is due to informal objections regarding the film’s title and character name 'Janaki'."Even though no official communication or show cause notice have been received from the respondents, from the newspaper reports, the petitioner came to know that the censor board had directed to change in the title as well as the name of the titular character of Janaki, by citing that it refers to the Hindu goddess 'Sita', which shows the inconsistency and arbitrariness in the stand now taken by the Censor Board in objecting to the same title and character name at the stage of certifying the full film, despite having previously granted certification for the teaser without raising any such concerns," the petition stated. According to the plea, since the film was scheduled for worldwide release on June 27, this delay amounts to a violation of the fundamental right to free speech guaranteed under Articles 19(1)(a) and 19(1)(g) of the Constitution of India.This would also cause irreparable financial loss to the company, it was submitted. The company, therefore, sought orders from the Court to the CBFC to expeditiously issue a censor certificate for the film. .The Court today directed the DSGI to submit a statement or a counter-affidavit detailing the reasons for the CBFC's stance on the matter. .The production company is being represented by Advocates Anand B Menon, Haris Beeran, Azhar Assees and Nabil Kahader.