New Delhi: In a significant judicial move, the Supreme Court on Friday opted not to entertain a writ petition demanding the withdrawal of the certification granted by the Central Board of Film Certification (CBFC) to the provocative film ‘Hamare Baarah’. This motion was an effort to revoke the approval accorded to the Annu Kapoor-starrer, under the direction of Kamal Chandra.
A vacation bench steered by Justice Vikram Nath, alongside Justice S.V.N. Bhatti, voiced their reluctance to delve into the merits of the petition, which was evidently presented directly before India’s apex court. The judges instructed the petitioner’s counsel to instead challenge the order of the Bombay High Court.
“You should challenge the Bombay High Court order. The movie has already been screened, and the judges of the High Court have observed it. They dictated the removal of certain scenes, shots, and dialogues. If leave is sought and an appeal is filed, this court may rightly examine the matter,” the bench articulated to the petitioner’s representative.
Recognizing the Supreme Court’s inclination to not hear the plea, the petitioner’s counsel sought permission to retract the writ petition. Consequently, the plea was dismissed with the privilege to file a special leave petition contesting the Bombay High Court’s order, which permitted the film’s release on June 21.
In a notable decision earlier that week, the Bombay High Court sanctioned the release of the contentious film following specified modifications to its content, deemed objectionable. Filed under Article 32 of the Constitution, the petition alleged that the film portrayed Muslim women as possessing no independent rights and suggested that the Muslim community is responsible for India’s escalating population.
“The film’s director and producers target a specific community, showing Muslim women’s status as slaves and chattels exploited by male members.
. Verse 223 of the Surah Baqarah, Chapter 2 of the Holy Quran, has been misinterpreted, misleadingly portraying it as instructing Muslim males to treat Muslim females as property, allowing exploitation in any manner,” stated the plea submitted through advocate Syed Mehdi Imam.
Directed by Kamal Chandra, ‘Hamare Baarah’ features an ensemble cast including Ashwini Kalsekar, Rahul Bagga, Manoj Joshi, Aditi Bhatpahri, Paritosh Tiwari, Parth Samthaan, and Shaan Saxena in pivotal roles.
Upon the release of its trailer, a faction of Islamic intellectuals raised strong objections, accusing the film of grossly misinterpreting Islam and maligning the religion as well as the Muslim community at large.
The controversial film, from its inception, has been a flashpoint of debates regarding its depiction of sensitive religious themes. The backlash intensified as tensions rose, with various Muslim scholars and community leaders voicing their concerns over the incorrect representation of Islamic doctrines and the broader Muslim population.
The Supreme Court’s decision to steer clear of the writ petition centers on the argument that the Bombay High Court, having viewed the film, made specific recommendations for content alterations aimed at mitigating the film’s anticipated injurious impacts. This approach underscores India’s judiciary’s adherence to procedural propriety, ensuring that all due channels of legal challenge are first exhausted before seeking redress from the highest court.
Moreover, the Bombay High Court’s intervention highlights a balancing act between freedom of artistic expression and the responsibility to avoid inciting inter-community conflict. The court’s directive to excise objectionable scenes, dialogues, and shots aim to strike this balance, although the effectiveness of these measures remains a point of contention among critics.
In light of these developments, the petitioner was encouraged to pursue standard legal avenues—an approach reflecting the judiciary’s structured mechanism for addressing grievances at various levels. This approach ensures that higher courts are not prematurely burdened with cases that warrant initial examination at lower levels.
The CBFC’s role and the subsequent judicial reviews also put a spotlight on India’s broader dialogue about censorship, artistic freedom, and the responsibilities of filmmakers in a diverse, multi-religious society. These recurrent debates are instrumental in shaping the framework within which films are produced, reviewed, and distributed in the country.
Directed by Kamal Chandra, ‘Hamare Baarah’ continues to encounter polarized reactions, ensuring its place at the center of this ongoing discourse. Alongside Annu Kapoor, the film sees prominent roles played by Ashwini Kalsekar, Rahul Bagga, Manoj Joshi, Aditi Bhatpahri, Paritosh Tiwari, Parth Samthaan, and Shaan Saxena, promising a diverse range of performances within this contentious narrative.
The film’s trajectory from certification, through judicial scrutiny, to public reaction encapsulates a complex interplay of law, artistry, and societal values, reflecting India’s continuing negotiation of its cultural and religious sensibilities in the realm of cinema.
