Opinion Express View: On Thug Life and freedom of speech, listen to the Supreme Court

On Tuesday, the Supreme Court came down heavily on the “extra-judicial ban” on the Tamil film Thug Life in Karnataka — it underlined that any film that has received a CBFC certificate must be screened. The Mani Ratnam-directed movie opened on June 5 across India except in Karnataka, where its release was stalled following outrage over lead actor Kamal Haasan’s remark that Kannada was born from Tamil. The Supreme Court has rightly characterised such a “ban” as an infringement on the filmmakers’ constitutionally guaranteed right to freedom of speech and expression. It directed the state government to uphold the “rule of law” and ensure the film’s smooth release. It also criticised the Karnataka High Court for asking Haasan to apologise for his remark when hearing a petition filed by the film’s producers on June 3.

In a country where freedom of speech is all too frequently allowed to be circumscribed by noisy mobs and vigilante groups, the apex court’s intervention is a reminder that the protection of this fundamental right remains an ongoing challenge. With their unique hold on public imagination and immense reach, films are especially vulnerable to the contrived spectres of the “hurt sentiments” industry, whether or not the threat of a ban is held over them. For example, earlier this year, a controversy over the Malayalam film L2: Empuraan, regarding its depiction of the 2002 communal violence in Gujarat, led to the makers seeking “voluntary modifications” — this after the film had already been cleared for public exhibition by the CBFC.

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For states bound to uphold the rule of law to give in to mob sentiment and attempt to circumscribe the right to free speech and expression is a disturbing cave-in. The Supreme Court has had to step in earlier, too, in order to remind governments of their duty. In 2018, for example, the apex court stayed the notifications of the government of Gujarat and Rajasthan that prohibited the screening of the Hindi film Padmaavat, which had been targeted for allegedly distorting history. Again, in 2023, the Court stepped in to ensure the release of The Kerala Story in West Bengal, after the state government banned the film citing its polarising plot and the need to maintain law and order. In directing the release of Thug Life in Karnataka, the Supreme Court has underlined that upholding freedom of speech means protecting and extending the space for a diversity of views. As it pointed out, “It’s not just the screening of a film, it’s much bigger than this.”