Mumbai: Bombay High Court on Tuesday said the movie ‘Hamare Baarah’ sends out a social message for empowerment of women and is not offensive to religious sentiments of Muslims.

“This movie is about upliftment and the voice of women. The trailer is misleading… has caused problems,” said Justices Burgess Colabawalla and Justice Firdosh Pooniwalla. After an initial injunction on June 7, HC allowed the movie’s release. On June 13, Supreme Court stayed the release till HC disposes of the petition.

The judges said they saw the movie and were “sur-prised” that petitioners were making statements based on the trailer. Also, parts of the movie Central Board of Fim Certification (CBFC) objected to are deleted. The judges said the movie is about “one man and one family”. It is about a man’s daughter from first marriage seeking medical termination of the pregnancy for her step-mother due to danger to her life. He refuses as abortion is contrary to their religious beliefs. After his wife’s post-delivery death, he realizes his “huge mistake” and reforms. The judges said they “didn’t see anything in the movie that will incite violence” and the trailer “unnecessarily sensationalizes everything”.

Senior advocate Rahul Narichania, for the producers, said “everybody seems to have been carried away by the trailer”. “But for the trailer we would not be in a mess,” he added. “That is your fault,” said Justice Colabawalla. Narichania said dialogues in the trailer are not in the movie. Advocate Mayur Khandeparkar, for a petitioner, said the trailer was released without CBFC certification.

When advocates argued that the movie misinterprets religious verses, the judges said the movie is not on religious texts. They said the whole theme of the movie isthe man misinterpreting provisions of Quran to do a social wrong. “That is the long and short of the movie,” said Justice Colabawalla. He said the Indian public “is not so gullible” and “neither so silly”. “It is a thinking movie. Not one where you leave your brains at home and want to enjoy absolute nonsense,” he added.

When an advocate said the movie shows domestic violence. Justice Colabawalla said, “Domestic violence is a reality. It is not linked to any religion. It happens in all religions.” On Wednesday, the judges will pass an order for the film’s release on consent terms by the film’s producers and the petitioners to remove objectionable parts.

-----------------------------------

Mumbai: Permitting the release of ‘Hamare Baarah’, Bombay HC on Wednesday said Central Board of Film Certification will issue the film a fresh certificate no later than Thursday noon after its producers make certain changes “as per suggestions of the court, and which is agreeable to all the parties”.

On Tuesday, Justice Burgess Colabawalla and Firdosh Pooniwalla had said that they had seen the film that sends out a social message for women empowerment, is not based on religious texts, and is not offensive to the religious sentiments of Muslims.

The judges, who had on Tuesday asked the producers if they would pay Rs 5 lakh costs to a charity organization for releasing the trailer without CBFC certification, directed them to donate the amount to NGO Ideal Relief Committee Trust to use for providing relief to people during natural disasters.

“Upon satisfaction of the aforesaid conditions, no party shall have objection to exhibition of the film and its trailer on any platform or screen,” the judges said. They directed YouTube, Twitter and Google to forthwith take down teasers and trailers appearing with the objectionable dialogues.

Tamboli’s advocate Mayur Khandeparkar said with these changes, the petition works out to everybody’s satisfaction.