What Exactly Is Meant By 'Love Jihad'?: Kerala High Court Asks While Hearing Objections To Movie 'Haal'

Justice V.G. Arun orally asked, “What exactly is meant by the expression 'Love Jihad'? Why is it called 'Jihad' when it comes to one particular (religion)...”

The term was used in the counter affidavit filed by the Central Board of Film Certification, which stated that the Revising Committee including two subject experts had observed that the film is “Misrepresenting interfaith relationships – commonly referred to as “Love Jihad” – and portraying legitimate warnings from Hindu and Christian leaders as unfounded or intolerant.”

The same also finds mention in the objection filed by the Catholic Congress stating, “The contents and plot of the film per se precipitating the concept of Love Jihad as an encouragable practise and depicted Thamarassery Bishop as a supporter of such objectionable affairs.”

During the course of the hearing, the counsel representing the Catholic Congress (additional 5^th respondent) had referred to the list of objections raised against certain scenes in the movie, in addition to those noted by the CBFC.

However, the Court was of the opinion that it should confine to the excisions suggested by the CBFC. If, there are any objections after the movie is released, complaints regarding the same should be made and the Central government can exercise its revisionary powers as per Section 6 of the Cinematograph Act.

After hearing the parties for some time, the Court adjourned the matter to Wednesday (November 5) for further consideration.

Background

The producer and director of Shane Nigam-starrer movie 'Haal' had moved the Kerala High Court challenging the Central Board of Film Certification's decision to grant the movie an A certification and suggestions for making certain cuts in the movie including scenes of consumption of beef biriyani, dance sequence where heroine is wearing a burqa, etc.

Recently, the Court had permitted the Catholic Congress and an office bearer of the Rashtriya Swayamsevak Sangh (RSS) to be impleaded in the plea.

The Catholic Congress had stated that the film hurts the religious sentiments of Christians since the Bishop of Thamarassery is portrayed in the film as someone who is encouraging inter-faith marriages.

According to the RSS office bearer, the movie portrays the cultural organisation as a “riotous, thuggish and loutish organisation.”

Earlier, the petitioners had informed the Court that they preferred a statutory appeal is provided under Section 5C of the Indian Cinematograph Act, 1952. However, since the Registry had informed that there is no nomenclature or provision for appeal, the Court had asked the Registrar General to submit a report in this regard.

After referring to the report of the Registrar, the Court had told that until a specific nomenclature is notified, the matter has to be heard as a writ petition. It then expressed its willingness to hear the case.

According to the petitioners' counsel, the plot of the movie is one in which a Muslim boy and a Christian girl falls in love and though both the families are opposed to their union, the hero's father is prepared to accept the girl into the family if she converts. However, the hero firmly says 'no' to this and on hearing the hero's strong stance in this regard, the heroine is prepared to convert her religion. However, later, the heroine changes her mind during the conversion ceremony, at which time the police intervenes and uses 'Love Jihad', etc. The movie concludes with both the families realising that there is no reason to fight and both can practice their own religions.

Case No: WP(C) No. 37251/2025

Case Title: Juby Thomas and Anr. v. Union of India and Ors.

Counsel for the petitioners: Joseph Kodiyanthara (Sr.), John Vithayathil, Saneeje S.