In a significant judicial verdict on Friday, the Supreme Court of India decided not to consider a writ petition that sought the revocation of the certification granted by the Central Board of Film Certification (CBFC) to the film ‘Hamare Baarah.’ The film, directed by Kamal Chandra and starring Annu Kapoor, has been at the center of controversy for its portrayal of the Muslim community and its depiction of Muslim women. Presiding over the vacation bench, Justice Vikram Nath and Justice S.V.N. Bhatti stated that they were disinclined to delve into the merits of the plea. They advised the petitioner’s counsel to file an appeal against the Bombay High Court order instead.
“You may challenge the Bombay High Court order. The movie was screened before the Bombay judges, who subsequently directed the expunging of a few scenes, shots, and dialogues. A proper appeal would be required for this court to examine the matter,” the bench pointed out. Realizing the apex court’s reluctant stance, the petitioner’s counsel requested permission to withdraw the writ petition. Consequently, the plea was dismissed as withdrawn with the liberty to file a special leave petition challenging the Bombay High Court’s approval of the film’s release on June 21.
Earlier on Wednesday, the Bombay High Court permitted the release of the disputatious film, albeit with certain alterations to the content deemed objectionable. The petition under Article 32 of the Constitution argued that the movie depicted Muslim women as devoid of independent rights and pinned the responsibility for India’s burgeoning population solely on the Muslim community.
“The filmmakers have targeted a specific community, presenting Muslim women as slaves and chattels subjugated by male members. They have misinterpreted Verse 223 of the Surah Baqarah Chapter 2 of the Holy Quran, portraying it inaccurately as endorsing Muslim males to treat women as their chattel, thereby permitting their exploitation,” read the plea filed by 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 significant roles.
. The film’s trailer stirred objections from a segment of Muslim intellectuals, who contended that it grossly misinterprets Islam and maliciously maligns both the religion and the Muslim community.
During the Supreme Court proceedings, Justice Vikram Nath reiterated to the petitioner’s counsel the necessity of challenging the Bombay High Court order first. “Challenging the order from the Bombay High Court should be your initial step. The film has already undergone screenings, resulting in directives to remove specific scenes, shots, and dialogues. It would be more appropriate for this court to review the matter in such a procedural appeal,” he remarked.
Acknowledging the Supreme Court’s reluctance to hear the matter directly, the petitioner’s counsel sought to withdraw the writ petition with due liberty to file a special leave petition. The plea was thus dismissed, with the provision to challenge the Bombay High Court order, which had sanctioned the film’s release on June 21 after requisite modifications.
On Wednesday, the Bombay High Court had ruled in favor of releasing the contentious film, citing the mandatory changes to the film’s content that had initially sparked controversy. The petition had asserted that ‘Hamare Baarah’ portrays Muslim women as lacking independent rights and implicated the Muslim community for India’s population boom.
“The film’s director and producers specifically targeted a community, depicting Muslim women as slaves and chattels, oppressed by male members. The misinterpretation and misrepresentation of Verse 223 of the Surah Baqarah Chapter 2 of the Holy Quran unjustly portray Muslim males as having licentious rights over women,” stated the plea by advocate Syed Mehdi Imam.
The controversy around ‘Hamare Baarah’ deepened after the release of its trailer. A section of Muslim intellectuals voiced strong objections, arguing that the film entirely misrepresented the tenets of Islam and aimed to tarnish the Muslim community’s image. Directed by Kamal Chandra, the film features notable actors such as Ashwini Kalsekar, Rahul Bagga, Manoj Joshi, Aditi Bhatpahri, Paritosh Tiwari, Parth Samthaan, and Shaan Saxena.
Given the array of objections, the Bombay High Court had mandated specific cuts and edits to mitigate the controversial elements before allowing the film’s release. The court’s stance and the subsequent Supreme Court developments emphasize the complex interplay between creative freedom and community sensitivities within India’s cinematic and legal landscapes.
