After viewing the film and hearing both sides, the Bombay High Court on Wednesday allowed the release of the film 'Hamare Baarah' after its makers agreed to delete objectionable portions.
Hearing a plea seeking a ban on the film for its derogatory content towards Islamic faith and the Muslim community, a HC division bench Justices B. P. Colabawalla and irdosh Pooniwalla viewed the film and suggested changes which both the movie makers and the petitioners agreed to.
Originally slated for release on June 7 and then postponed to June 14, 'Hamare Baarah' -- which deals with a woman taking her father to court to allow her pregnant mother the right to terminate the pregnancy in order to save life – is likely to hit the screens on June 21.
The HC bench allowed the release of 'Hamare Baarah' after the makers assured the court that the necessary changes would be made and a certificate would be obtained from the Central Board of Film Certification (CBFC).
One of the changes suggested by the court was that the filmmakers would display on screen a disclaimer which is shown at the inception of the Film for a duration of 12 seconds.
The message -- to be displayed on screen both in English for 12 seconds would read as follows: “According to the Sharia (law), Muslims are allowed to practise polygamy. According to the Quran, a man may have up to four legal wives only if there is a fear of being unjust to non-married orphan girls. Even then, the husband is required to treat all the wives equally. If a man fears that he will not be able to meet these conditions then he is not allowed more than one wife”.
The HC also imposed Rs 5 lakh cost on the makers of the movie for releasing trailers before obtaining CBFC certification. The court said that the filmmakers would donate the amount of Rs 5 lakh to Ideal Relief Committee Trust which will be used to provide relief to the people in times of natural disasters.
In his petition, social worker Azhar B. Tamboli had contended that the film “distorted” the Quran, portrayed the Muslim community in a negative manner, and claimed that the CBFC had flouted the Cinematograph Act, 1952, by incorrectly certifying it for release violating the Constitution Article 19(2) and 25.
Earlier this month, the high court had postponed the release of the film. It later permitted the release after the makers said the objectionable portions would be deleted as directed by the CBFC.
The petitioners then moved the Supreme Court, which stayed the release of the film and directed the High Court to hear and take an appropriate decision.
At the hearing before the high court on Wednesday, the parties submitted consent terms to the Court and said that they had arrived at a consensus regarding removal of objectionable parts of the movie.
The petitioners told the court that they had no objection to the release of the film once the changes suggested by the court are made.
The filmmakers were represented by Senior Advocate Rahul Narichania and advocates Siddharth Thacker, Sunilkumar Neelambaran, Jeyhaan Carnac and Aaron Kevin Fernandes, who were instructed by Mulla & Mulla & Craigie Blunt & Caroe.
The petitioner was represented by advocates Mayur Khandeparkar, Aneesa Cheema and Aditya Miskita, who were instructed by advocates Rekha Musale and Nitin Rajguru.
Additional Government Pleader Kavita N Solunke appeared for the State.
Viacom 18 was represented by advocates Madhu Gadodia, Sujay Mukherji and Deveesha Tudekar, who were instructed by Anand & Naik. CBFC and the Union of India were represented by advocates Advait M Sethna, Ashutosh Mishta and Poushali Roychoudhury.
