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The plea against the release of 'Hamare Barah' alleged that public exhibition of the film would hurt the sentiments of Muslims and potentially incite societal hatred
The Bombay High Court has given the green light for the release of the film 'Hamare Baarah' after the filmmakers agreed to delete two contentious dialogues. This resolution came after a three-member review committee, appointed by the court to watch the film and report back, failed to provide a timely report, which the court deemed unacceptable.
Senior Advocate Rahul Narichania, representing the filmmakers, agreed to the deletions to avoid further delays, allowing the film to premiere as scheduled on June 7. The court expressed its dissatisfaction with the review committee’s delay, stressing the importance of adhering to the court’s previous order.
Notably, the High Court had previously on June 5, 2024, ruled to restrain the release of the film “Hamare Baarah” on any public platform until June 14, 2024. This decision, made by a division bench of Justice NR Borkar and Justice Kamal Khata, came in response to a writ petition filed against the Central Board of Film Certification (CBFC) to revoke the film’s certification.
The plea alleged that “the film is in complete contravention of the provisions of the Cinematograph Act, 1952 (“Cinematograph Act”) read with the rules and guidelines…that the film is wrongly certified and the release would violate Article 19(2) and Article 25 of the Constitution.”
The plea also contended that the film incorrectly portrays the lives of married Muslim women as lacking independent rights due to a misinterpretation of "Aayat 223," a verse in the Quran. It argued that the trailer includes dialogues and visuals derogatory to the Islamic faith and married Muslim women in India. Furthermore, it was claimed that, in line with section 5B of the Cinematograph Act and sections 153A, 292, 293, 295A, and 505 of the Indian Penal Code, 1860, a public exhibition of the film would hurt the sentiments of Muslims and potentially incite societal hatred, as detailed in the petition.
It is pertinent to note that despite the clearance from the Bombay High Court, 'Hamare Baarah' faces a ban in Karnataka. The state government has prohibited its release or broadcast for two weeks or until further notice, citing concerns that the film could incite communal tension. This decision was made under the Karnataka Cinema Regulations Act 1964, sections 15(1) and 15(5), following requests from several minority organisations and delegations after viewing the film’s trailer.
The film explores the theme of overpopulation and aims to provoke thought and discussion. Directed by Kamal Chandra and produced by Birender Bhagat, Ravi S. Gupta, Sanjay Nagpal, and Sheo Balak Singh, 'Hamare Baarah' stars Annu Kapoor, Manoj Joshi, and Paritosh Tripathi.
Cause Title : Azhar Basha Tamboli Ltd & Ors V Ravi S Gupta & Ors [WP NO. 8071 OF 2024]
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