Today(on 13th June),The Supreme Court has halted the release of the movie ‘Hamare Baarah’, citing allegations of it being derogatory to Islamic faith and married Muslim women. The Bombay High Court has been instructed to swiftly decide on the petition challenging the film’s certification.
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NEW DELHI: The Supreme Court today(on 13th June), stayed the release of the movie ‘Hamare Baarah,’ directing the Bombay High Court to make a speedy decision on a petition alleging that the film was derogatory to the Islamic faith and married Muslim women.
The bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, ordered the suspension of the movie’s screening until the petition challenging its certification is resolved.
“We urge the High Court to promptly resolve the petition.”
– the Court stated while halting the film’s release, which was scheduled for tomorrow.
The Supreme Court’s order was issued after considering a petition that challenged the Bombay High Court’s previous refusal to stay the movie’s release. Advocate Fauzia Shakil, representing the petitioner, argued that the High Court had instructed an “interested party”—the Central Board of Film Certification (CBFC)—to form a committee to review the movie. According to Shakil, this move was inadequate in addressing the concerns raised about the film’s content.
In defense of the moviemaker, the counsel highlighted that all objectionable scenes had been removed from the teasers of ‘Hamare Baarah.’ Despite these assurances, the Supreme Court deemed it necessary to halt the film’s release, emphasizing the importance of a thorough review by the Bombay High Court.
The petitioner’s main contention is that the movie, ‘Hamare Baarah,’ contains content that could be considered offensive to the Islamic faith and potentially harmful to the dignity of married Muslim women. This led to the call for the CBFC to reassess the film’s certification through a specially formed committee. However, the petitioner’s counsel expressed concerns about the impartiality of such a review, given the CBFC’s involvement in the initial certification process.
Justice Nath and Justice Mehta’s decision to stay the movie’s release underscores the judiciary’s role in balancing artistic freedom with religious sensitivity. By ordering an expedited hearing in the Bombay High Court, the Supreme Court aims to ensure that the concerns raised by the petitioner are addressed promptly and fairly.
The controversy surrounding ‘Hamare Baarah’ highlights the ongoing debate over the portrayal of religious and cultural themes in Indian cinema. While filmmakers argue for creative freedom, there are recurring instances where certain sections of society find specific portrayals objectionable, leading to legal challenges.
The Supreme Court’s verdict came after a petition was filed seeking a stay on the release of the movie. The petition argued that certain scenes in the movie were offensive and could potentially mislead the audience about the depiction of married Muslim women. The court’s rejection of this plea underscores its stance on maintaining a balance between creative expression and societal sensitivities.
“We watched the teaser this morning and all scenes are included.”
– the Court noted, dismissing the claims that the teaser was misleading or offensive.
ALSO READ: [Hamare Baarah] Bombay HC Halts Release | Hearing Scheduled for June 10
When the counsel representing the filmmakers expressed concerns about incurring financial losses due to the stay order, the Court responded-
“If the teaser is deemed offensive, what about the entire movie? At first glance, it appears there has been a failure, as you have already removed scenes from the teaser.”
The Supreme Court’s remarks highlight the perceived inconsistency in the filmmakers’ stance, questioning the rationale behind deleting certain scenes from the teaser if the movie as a whole was not offensive.
In light of these observations, the Court urged the High Court to expedite the hearing of the plea, which primarily challenges the certification granted by the Central Board of Film Certification (CBFC) to the movie. The Supreme Court’s directive aims to ensure a swift resolution to the matter, balancing both judicial scrutiny and the filmmakers’ rights.
The controversy began when a petition was filed in the High Court, arguing that the movie depicted married Muslim women as having no independent rights due to a misinterpretation of a verse in the Quran. The plea contended that this portrayal was misleading and could perpetuate harmful stereotypes.
“The Quranic verse has been misinterpreted.”
– the plea stated, emphasizing the need for accurate representation of religious texts in media.
Responding to these concerns, the High Court initially restrained the filmmakers from releasing the movie until June 14. The court also ordered the CBFC to form a review panel comprising three individuals, including at least one member from the Muslim community, to reassess the movie.
However, the situation took a turn when the filmmakers agreed to delete certain contentious dialogues from the movie. Subsequently, the court allowed the release of the movie, despite the panel seeking additional time to submit its comments. The High Court had objected to the delay, prompting the filmmakers to make the necessary edits.
Case Title:
Azhar Basha Tamboli vs. Ravi S Gupta and ors.