New Delhi: In a significant decision on Friday, the Supreme Court declined to hear a writ petition aimed at revoking the certification granted by the Central Board of Film Certification (CBFC) to the film ‘Hamare Baarah,’ starring Annu Kapoor and directed by Kamal Chandra. Justice Vikram Nath, leading the vacation bench, expressed the court’s reluctance to assess the plea’s merits, suggesting instead that the petitioner challenge the existing order from the Bombay High Court.
“You challenge the Bombay High Court order where the movie was screened, and the judges made certain changes. If you seek leave and file an appeal, it would be appropriate for this court to examine the matter,” Justice Nath, accompanied by Justice S.V.N. Bhatti on the bench, advised the petitioner’s counsel.
Acknowledging the Supreme Court’s hesitation, the counsel for the petitioner requested to withdraw the writ petition. Consequently, the plea was dismissed as withdrawn, granting the petitioner the liberty to file a special leave petition against the Bombay High Court order, which allowed the film’s release on June 21, albeit with modifications.
The Bombay High Court, in a ruling passed on Wednesday, had permitted the release of ‘Hamare Baarah’ after mandating specific changes to the content deemed objectionable. The petition, filed under Article 32 of the Indian Constitution, argued that the film portrays Muslim women as having no independent rights and blames the Muslim community for India’s population growth.
“The director and producers have targeted the Muslim community, portraying Muslim women as slaves and chattels, exploited by male members. Verse 223 of Surah Baqarah Chapter 2 of the Holy Quran has been misinterpreted, wrongly suggesting that Muslim males are entitled to treat Muslim females as chattels, exploiting them in any manner,” the petition, filed by advocate Syed Mehdi Imam, stated.
The film, directed by Kamal Chandra, features an ensemble cast, including Ashwini Kalsekar, Rahul Bagga, Manoj Joshi, Aditi Bhatpahri, Paritosh Tiwari, Parth Samthaan, and Shaan Saxena in pivotal roles.
Following the release of its trailer, a section of Muslim intellectuals strongly criticized ‘Hamare Baarah,’ accusing it of grossly misinterpreting Islam and intending to malign both the religion and the Muslim community. This outcry led to the filing of the petition, demanding the film’s certification be revoked to prevent its public release.
.
During the court proceedings, Justice Nath reiterated the stance of the Supreme Court by deferring the matter to the High Court’s judgment. He repeated that despite having approved the movie’s release, the Bombay High Court had directed the filmmakers to expunge certain scenes, shots, and dialogues found objectionable. The advice to the petitioner remained consistent: challenge the Bombay High Court order instead.
The petitioner, sensing the firm position of the Supreme Court, sought permission to withdraw the writ petition. The court granted this withdrawal, providing the petitioner the option to file a special leave petition targeting the High Court’s decision. This would allow a more comprehensive examination of the matter by the Supreme Court if and when it came up through the proper appellate process.
The Bombay High Court’s ruling represented a middle ground, acknowledging the contentious nature of the film’s content while permitting its release post modification. The court’s revisions aimed to balance the filmmakers’ freedom of expression with the concerns raised by societal factions regarding religious misrepresentation.
The petition under Article 32 was extensive, emphasizing that the film unilaterally depicted Muslim women unfavorably and held the Muslim community responsible for issues of national demographic trends. Advocate Syed Mehdi Imam, representing the petitioner, underscored the alleged misinterpretation of religious texts and the resultant defamatory portrayal of Muslim women.
Despite these strong allegations, ‘Hamare Baarah,’ under the directorial vision of Kamal Chandra and with a notable cast, continued to draw controversy. The defense of the film relied heavily on artistic freedom and the inherent subjectivity of artistic interpretation.
Post the High Court’s mandated modifications, the film was slated for release on June 21, remaining a hot topic of legal and sociocultural discussions within various circles. As the debate around ‘Hamare Baarah’ persists, it highlights enduring tensions between freedom of expression and religious sensitivity in India’s diverse and pluralistic society.
In conclusion, the Supreme Court’s decision refrains from interfering with the Bombay High Court’s order, yet opens a pathway for further legal contest. The film’s journey from certification to public release illustrates the complex interplay between legal adjudication, artistic expression, and social responsibility.
