New Delhi: On Friday, the Supreme Court declined to entertain a writ petition seeking the revocation of the Central Board of Film Certification (CBFC) certification granted to the film ‘Hamare Baarah,’ which stars Annu Kapoor and is directed by Kamal Chandra. The decision was made by a vacation bench led by Justice Vikram Nath. The bench decided against hearing the plea on its merits, suggesting that the petitioners first challenge the decision of the Bombay High Court.
“You can challenge the Bombay High Court order. The movie was screened, and the Bombay judges have seen it. They directed expunging a few scenes, shots, and dialogues. If you seek leave and file an appeal, it would be correct for this court to examine the matter,” the bench, which also included Justice S.V.N. Bhatti, informed the petitioner’s counsel.
Following the court’s indication of its reluctance to engage with the plea, the petitioner’s counsel requested permission to withdraw the writ petition. Consequently, the plea was dismissed as withdrawn, with the liberty granted to file a special leave petition against the Bombay High Court’s order allowing the film’s release on June 21.
The controversy surrounding ‘Hamare Baarah’ was inflamed by the Bombay High Court’s recent order. While the court allowed the release of the film, it mandated certain modifications to the content deemed objectionable. The original petition, filed under Article 32 of the Constitution, accused the film of portraying Muslim women as lacking independent rights and attributing India’s growing population to the Muslim community.
“The director and producers of the film have targeted a particular community and portrayed Muslim women as slaves and chattels exploited by male members. Verse 223 of Surah Baqarah, Chapter 2 of the Holy Quran, has been misinterpreted and wrongly projected as ordaining the Muslim male to treat the Muslim female as his chattel, allowing him to exploit her in any manner,” stated the petition, which was filed through advocate Syed Mehdi Imam.
The film, directed by Kamal Chandra, features a notable cast including Ashwini Kalsekar, Rahul Bagga, Manoj Joshi, Aditi Bhatpahri, Paritosh Tiwari, Parth Samthaan, and Shaan Saxena in pivotal roles.
The film’s trailer has sparked outrage among a section of Muslim intellectuals, who argue that it grossly misinterprets Islam and maligns the religion and the Muslim community as a whole.
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“You can challenge the Bombay High Court order. The movie was screened, and the Bombay judges have seen it,” repeated the Supreme Court bench. They highlighted that the High Court had only allowed the film’s release after directing the removal of specific scenes, shots, and dialogues deemed inappropriate.
Noting the Supreme Court’s disinclination to hear the plea, the petitioner’s counsel once again sought permission to withdraw the writ petition, resulting in its dismissal, with an option to pursue a special leave petition against the Bombay High Court’s verdict.
In its recent judgment, the Bombay High Court authorized the release of the contentious film, albeit with particular modifications to the objectionable content. The litigation, initially filed under Article 32 of the Constitution, underscored concerns that the film depicts Muslim women as devoid of independent rights, while also attributing India’s population growth to the Muslim community.
“The filmmakers have unjustly singled out a community, depicting Muslim women as enslaved and treated as property by male members of the community,” maintained the plea by advocate Syed Mehdi Imam. It further asserted that Quranic verse 223 of Surah Baqarah, Chapter 2, had been maliciously misconstrued.
The directorial endeavor by Kamal Chandra, ‘Hamare Baarah,’ which includes performances by actors such as Ashwini Kalsekar, Rahul Bagga, Manoj Joshi, among others, remains at the center of the controversy.
The dissent was further fueled by the trailer, which, according to Muslim intellectuals, misrepresents Islamic teachings and tarnishes the image of Islam and the Muslim community at large.
“You challenge the Bombay High Court order,” Justice Vikram Nath reiterated, emphasizing that the screening by the Bombay bench resulted in the excision of contentious segments from the film.
Given the Supreme Court’s stance, the petitioner’s counsel once again sought to withdraw the writ petition, which was dismissed accordingly, allowing for the option of a special leave petition against the Bombay High Court’s ruling.
Expected to hit theaters on June 21, ‘Hamare Baarah’ has been permitted for release by the Bombay High Court, subject to content alterations aimed at addressing the identified issues. The petition under Article 32 highlighted the problematic portrayal of Muslim women and criticized the representation of the Muslim community’s role in India’s demographic changes.
“The film’s director and producers have depicted Muslim women as subjugated and mistreated by male counterparts, maliciously misinterpreting Quranic text,” stated the petition led by advocate Syed Mehdi Imam. Kamal Chandra’s film, featuring a robust ensemble cast, continues to draw critical attention and public debate.
The backlash against ‘Hamare Baarah’ underscores broader societal tensions, as various groups interpret the film’s narrative as a deliberate affront to Islamic beliefs and the dignity of the Muslim community. The discourse surrounding its release reflects ongoing dialogues about religious sensitivity, artistic expression, and the legal frameworks governing cinema in India.
