The Supreme Court on June 13 suspended the screening of the film “Hamare Barrah” and said that they watched the teaser of the movie and found it to be “offensive.” Highlighting that the teaser was full of “objectionable materials,” the Supreme Court took note of the allegations that the movie is derogatory to Islam, especially married Muslim women.
“We have seen the movie trailer in the morning, and all the offensive dialogues continue in the trailer,” the court said while pronouncing their order. A vacation bench of Justices Vikram Nath and Sandeep Mehta passed the order responding to a plea that challenged the Bombay High Court’s decision to permit the release of the movie. The bench ruled, “Until disposal of the petition before the High Court, screening of the movie in question shall remain suspended”.
It is to be noted that, the bench also commented that the movie’s teaser contains objectionable content. “Today morning, we saw the teaser. It is as such, with all those objectionable materials. The teaser is available on YouTube,” Justice Sandeep Mehta said.
“The teaser is so offensive that the High Court granted an interim order,” Justice Nath added.
The movie was originally scheduled to release on 7 June. The original plea against the movie was filed with Bombay HC by petitioner Azhar Basha Tamboli. The plea was filed against Central Board of Film Certification (CBFC), seeking to revoke the certification granted to the film “Hamare Baarah” and halting the release of the movie.
Azhar Basha, the petitioner alleged that the film was in contravention of the provisions of the Cinematograph Act, 1952, and the rules and guidelines associated with it. He further claimed that the trailer was derogatory to the Islamic faith and married Muslim women in India, and the film’s release would violate Articles 19(2) and Article 25 of the Constitution.
However, the CBFC defended its decision to grant the certificate to the movie saying all necessary procedures were followed. The Board said that the objectionable scenes and dialogues were deleted and the trailers of the film released on YouTube and BookMyShow were not certified trailers.
The High Court then postponed the release date from June 7 to June 14 and appointed a review committee to watch the movie. However, when the 3-member committee failed to give a verdict and sought more time, the Bombay High Court on June 7 allowed the release of the movie after the makers agreed to delete some controversial dialogues.
Allowing the release, the high court said, “One individual in a country of 130 crore citizens can not bring such a petition which can stall a film release without granting any guarantee whatsoever for costs incurred by filmmakers in such a case.”
But the Supreme Court bench still prevented the release of the movie, saying that the case pending with the High Court should be resolved first. The bench declined the request of the filmmakers to direct the High Court to dispose of the case within 1 week. Earlier this week, the film “Hamare Baarah” was banned in Karnataka also.
Contrasting orders by Court
Notably, netizens criticised the court for displaying double standards. They highlighted the case of the movie ‘PK’, starring Aamir Khan, which mocked Hindu gods. In that instance, the Court dismissed the objections by stating, “If you don’t like it, don’t watch it.” This response is now being contrasted with the court’s stance on “Hamare Barrah”.
It is to be noted that, Delhi High Court in 2015 at the time of the release of movie ‘PK’ said there was nothing offensive in Aamir Khan-starrer film ‘PK’ and there was no substance in allegations that it has defamed and maligned Hindu culture and religious practices.
Hurting HINDU sentiments is absolutely fine
But dare you HURT Muslim sentiments
Supreme Court decision on
PK Vs Hamare Barah pic.twitter.com/jlwDGoseO6— Sheetal Chopra 🇮🇳 (@SheetalPronamo) June 13, 2024
A bench, comprising Chief Justice G Rohini and Justice R S Endlaw, said there was nothing wrong in the movie and a detailed order would be passed on merits. “What is wrong in the movie? You cannot take offence at everything. We do not find any substance in the allegations made in the petition. We will pass an order on merits,” the bench said.
Criticising Court, social media user Mr Sinha on ‘X’ wrote that “This Movie Hamare Barah is made on social issue ; population blast. Supreme court banned it because Muslims have objection with it. Where’s the freedom of speech Milord? Is it applicable only on movies which mock Hinduism only?”
This Movie "Hamare Barah" is made on social issue ; population blast. Supreme court banned it because Muslims have objection with it.
Where's the freedom of speech Milord? Is it applicable only on movies which mock Hinduism only? pic.twitter.com/EvA0oIXVRe
— Mr Sinha (@Mrsinha) June 13, 2024
Earlier, the film’s producers, cast and crew has expressed deep concern, stating that not only they but also their family members and friends have been targeted with these threats. However, the police have assured them of their safety in Maharashtra.
Aditi Dhiman, lead actress of the film has revealed that she is receiving threats of beheading, rape, and murder.
In an exclusive conversation with a news channel, Aditi Dhiman said, “I have received so many, sar tan se juda, rape and death threats.They send private messages on social media, and more than half of them are from fake and faceless accounts. As an artist, it’s very heartbreaking, but you have no choice but to ignore them.”
What is Hamare Baarah film about?
“Hamare Baarah” tells the story of Manzoor Ali Khan Sanjari, who, despite losing his first wife during childbirth, continues to have more children with his second wife, now pregnant with her sixth. When doctors warn that the pregnancy risks her life, Khan refuses an abortion. His daughter Alfiya, determined to save her stepmother, takes her father to court to demand the abortion. The film explores whether Alfiya can convince her father and the court, and questions the entrenched patriarchy in their society.
