Madhya Pradesh High Court hears plea by Shah Bano’s daughter seeking to halt ‘Haq’ film release over alleged privacy breach and violation of Muslim Personal Law legacy.

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Case Overview :

Case Name : Siddiqua Begum Khan vs Union of India & Ors.

The Madhya Pradesh High Court heard a petition filed by Siddiqua Begum Khan, daughter of Shah Bano Begum, seeking to restrain the release of the film ‘Haq’ . The petitioner alleged that the film, inspired by the 1985 Supreme Court of India judgment on Muslim Personal Law and maintenance rights of divorced Muslim women, portrays personal events without family consent . Justice Pranay Verma at the Indore Bench directed the filmmakers to submit the disclaimer for scrutiny .

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Key Aspects :

Before delving into the issues, it is essential to note that this petition raises important questions concerning the balance between artistic freedom and individual privacy . The dispute also explores the overlap between public record and private life depiction .

• The plea seeks to restrain the film’s release, screening and promotion.
• Petitioner claims it invades the privacy and dignity of Shah Bano’s heirs .
• It alleges that the film distorts real-life events and exploits her mother’s personality .
• Filmmakers argue that the movie is a fictional adaptation, protected under creative freedom .

Legal Insights:

This case brings forth constitutional and statutory provisions governing film production, privacy and personal rights under Indian law . The petitioner’s challenge is grounded in the following legal provisions and precedents :

• Section 5B of the Cinematograph Act, 1952 – Prohibits certification of films that defame individuals or violate decency, morality or privacy .
• Article 21 of the Constitution of India – Protects the right to life and personal liberty, encompassing dignity and privacy .
• Section 57 of the Copyright Act, 1957 – Grants authors and their heirs “moral rights” over works based on their personality or life .
• The petitioner also alleged dereliction by the Central Board of Film Certification (CBFC) in granting film certification without verifying consent, constituting a violation of statutory duties .
• The case indirectly touches upon the Sharia law perspective in the original Shah Bano judgment, which upheld alimony under Section 125 CrPC over religious restrictions in Muslim Personal Law .

Court’s Verdict :

The Madhya Pradesh High Court directed the producers to submit the disclaimer for examination to verify the claim that the movie is fictional . Justice Pranay Verma noted that the Shah Bano case forms part of public record but agreed to evaluate whether the film’s portrayal breaches personal privacy . The matter will be heard further before deciding on an injunction against the filmmakers and the CBFC .

Source – High Court of Madhya Pradesh

Read also – Constitution of India 

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