Today, On 18th June, The Bombay High Court ruled that the film ‘Hamare Baarah’ does not contain any objectionable content against Muslims. The court’s decision comes after reviewing the movie and determining that it does not portray the Muslim community in a negative light. This judgment addresses concerns raised about potential religious insensitivity.
Mumbai: The Bombay High Court, On Tuesday, declared that after reviewing the movie “Hamare Baarah,” starring Annu Kapoor, it found nothing objectionable or offensive to the Quran or the Muslim community. Instead, the court noted that the film promotes the empowerment of women. The court also remarked that the Indian audience is neither “gullible nor silly.”
A division bench consisting of Justices B P Colabawalla and Firdosh Pooniwalla acknowledged that the movie’s initial trailer problematic.
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However, the court informed that the objectionable trailer and all controversial scenes had been removed. The court praised the film, describing it as a “thought-provoking movie” that engages the audience intellectually, as opposed to films meant merely for passive entertainment.
The high court stated,
“The movie is actually intended for the upliftment of women. It features a Maulana misinterpreting the Quran, and a Muslim man in the scene objects to this misinterpretation, demonstrating that individuals should think critically and not follow such Maulanas blindly,”
Earlier this month, several petitions filed in the High Court seeking a ban on the movie, claiming it derogatory towards the Muslim community and distorted the teachings of the Quran. Initially, the high court postponed the movie’s release. However, it later allowed the release after the filmmakers agreed to remove the objectionable parts as directed by the Central Board for Film Certification (CBFC).
The petitioners subsequently approached the Supreme Court, which stayed the movie’s release last week and directed the High Court to review and make an appropriate decision.
On Tuesday, the bench led by Justice Colabawalla stated that after viewing the film following the removal of all objectionable parts, it found nothing in the movie that would incite violence. The court did, however, suggest that a few scenes could still be somewhat objectionable.
The bench proposed that if all parties involved agreed to the removal of these scenes, they could submit consent terms, after which the court would issue an order on Wednesday allowing the movie’s release. The bench also decided to impose a penalty on the filmmakers for releasing the trailer before obtaining certification from the censor board.
The court stated,
“There was a violation with the trailer, so you will have to pay a contribution to a charity of the petitioner’s choice. Costs will have to be paid. This litigation has given the film considerable unpaid publicity,”
The court added,
“We don’t believe there is anything in the movie that would incite violence. If we did, we would be the first to object. The Indian public is neither gullible nor silly,”
The bench acknowledged the concerns raised by the petitioners, finding the trailer and posters of the film to be problematic. The court advised the filmmakers to exercise caution and avoid including dialogues and scenes that might hurt religious sentiments under the guise of creative freedom.
The court remarked,
“The filmmakers must be mindful of their content. They cannot offend any religion’s sentiments. Muslims constitute the second-largest religious community in this country,”
The bench highlighted a specific scene where a character threatens to kill his daughter and invokes the name of God.
The high court noted,
“Such a portrayal may be objectionable. Actions done in the name of God could send the wrong message. Removing this particular line will not hinder the creative freedom of the filmmakers,”
The court expressed surprise that the petitioners criticizing the film without having watched it.
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The High Court stated that the film focuses on a prominent man and his family.
In response to the petitioners’ assertion that the movie promotes domestic violence, the bench noted that domestic violence is not confined to any single community.
The movie’s release initially scheduled for June 7 and later postponed to June 14.