Hamare Baarah does not offend Muslims’ religious sentiments, says Bombay HC

The court noted that the filmmakers had removed all objectionable scenes. The division bench encouraged viewers to reflect on its themes

Mumbai: After watching the controversial movie Hamare Baarah, the Bombay high court on Tuesday observed that it does not offend the religious sentiments of the Muslim community or distort the teachings of the Quran, but is in fact aimed at the upliftment of women.

Hamare Baarah movie does not offend Muslims’ religious sentiments: HC

A division bench comprising Justice BP Colabawalla and Justice Firdosh Pooniwalla noted that while the movie’s first trailer was objectionable, the filmmakers had since removed all those scenes. “The Indian public is not gullible or silly,” the bench remarked, underscoring the necessity for viewers to apply critical thinking.

The court observed that both the petitioner and the filmmakers had approached the court based solely on the trailer. Despite the trailer being described as “shocking”, the recertified movie, as reviewed by the Central Board for Film Certification (CBFC), did not contain any offensive content.

Further, the bench pointed out that the trailer violated certification guidelines and included parts that had been removed during the certification process.

The movie, which the court described as a “crusade of one woman against a man,” reflects the dynamics within one Muslim family rather than portraying the entire community. “This is a thinking movie,” the judges stated, highlighting its role in encouraging viewers to reflect on its themes rather than just enjoying it passively.

A series of petitions were filed earlier this month seeking a ban on the film, alleging it was derogatory towards the Muslim community and distorted the Quran’s teachings. Initially, the high court had postponed the film’s release pending the removal of objectionable content as directed by the CBFC. The petitioners subsequently approached the Supreme Court, which stayed the film’s release and instructed the high court to review the case.

After reviewing the film with the objectionable scenes removed, the high court found no content that could incite violence. However, the bench suggested further deletion of a scene where a father attempts to kill his daughter in the name of Allah, which could potentially send a wrong message.

If all parties agree to delete the objectionable parts, consent terms can be submitted, and the court can pass an order on Wednesday permitting the film’s release, the bench proposed. Other suggestions, such as including another verse of the Quran along with one that already exists in the movie, enhancing the time of the disclaimer and deleting certain objectionable content, may also be considered.

The court also observed that a ₹5 lakh fine on the filmmakers for releasing the trailer with uncertified scenes would be appropriate, and directed that the amount be donated to a charity of the petitioner’s choice.

“Violation was their vis-a-vis the trailer. So, you will have to pay something towards charity of the petitioner’s choice. Cost will have to be paid. This litigation has got the film so much unpaid publicity,” the court said.

The filmmakers must exercise caution and avoid including dialogues or scenes that could hurt religious sentiments under the guise of creative freedom, the court advised, noting that Muslims constitute the second-largest religious group in the country.

In response to claims that the film promotes domestic violence, the court remarked that domestic violence is not confined to any one community. “Domestic violence is a reality. It happens in all religions. The movie is not above that. It’s about the upliftment of women, a court case,” the court observed.

Hamare Baarah was initially scheduled for release on June 7, and later on June 14. The new release date is still not known.