Indore: The Madhya Pradesh high court on Thursday dismissed a petition filed by Siddiqua Begum Khan, daughter of Shah Bano Begum, seeking to halt the release of the Bollywood film Haq, starring Emraan Hashmi and Yami Gautam Dhar. The court ruled that the plea lacked sufficient legal grounds, stating that the film neither defamed Shah Bano’s family nor violated any personal rights. The judgment effectively clears the way for Haq to be released in theatres on Friday, November 7, as scheduled.
Court finds no basis for defamation or stay
A division bench of the Madhya Pradesh high court heard the petition earlier this week. Siddiqua Begum Khan had claimed that the upcoming film Haq, directed by Suparn S Varma, was inspired by her mother’s life story and used sensitive personal details without the family’s consent. She alleged that the filmmakers had “distorted facts” related to Shah Bano’s case and misrepresented events that occurred during her legal battle for maintenance. Khan requested the court to issue a stay order on the film’s release until the matter was reviewed in detail. However, after reviewing the arguments from both parties, the court found no evidence to support her claims. According to reports, the bench held that the film did not infringe upon any constitutional or personal rights, nor did it present defamatory content against Shah Bano or her family. “The petition lacks merit and does not establish any ground under law for restraining the film’s release,” the court observed, as per media reports.
Filmmakers defend creative rights
During the hearing, the producers of Haq argued that the film is a fictional work inspired by multiple real-life incidents and does not directly portray Shah Bano or her family members. They clarified that Haq is a social-legal drama exploring themes of women’s rights, justice, and equality, but does not claim to be a biographical depiction. The filmmakers further contended that the story had been developed independently and that no reference to Shah Bano’s case was made in a manner that would identify her or her family. “The film seeks to highlight women’s empowerment and the broader issue of gender justice. It is not based on any single person’s life,” their counsel submitted to the court. The bench accepted this argument, noting that artistic expression and freedom of speech are protected under the Indian Constitution, provided such expression does not infringe upon another person’s rights or reputation.
Legacy of the Shah Bano case
The controversy has revived public interest in one of India’s most significant legal battles — the Shah Bano case of 1985, which reshaped the debate around women’s rights and Muslim personal law. Shah Bano, a resident of Indore, was divorced by her husband, advocate Mohammad Ahmed Khan, in 1978. She filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure, which applies to all citizens irrespective of religion. In a landmark judgment in 1985, the Supreme Court of India upheld her right to maintenance, declaring that divorced Muslim women were entitled to financial support. The verdict was widely hailed as a victory for gender justice but also sparked protests among sections of the Muslim community. In response to the backlash, the Rajiv Gandhi-led government enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986, which effectively diluted the Supreme Court’s ruling by limiting a husband’s liability for maintenance. Shah Bano passed away in 1992, but her case remains a cornerstone in the history of women’s legal rights in India.
Court’s ruling paves way for release
With the high court dismissing Siddiqua Begum Khan’s petition, Haq is now set to release nationwide without legal obstacles. The court’s decision reinforces the judiciary’s stance on protecting creative freedom while balancing it with the right to reputation and privacy. Legal experts noted that such cases underline the need for clear distinctions between biographical films and fictional works inspired by real events. “Unless there is explicit defamation or unauthorised use of identity, courts are reluctant to impose pre-release bans on films,” said a senior advocate familiar with media law.
Conclusion
The Madhya Pradesh high court’s ruling brings an end to the latest attempt to stall Haq’s release, reaffirming the judiciary’s consistent position on freedom of expression in the arts. As the film opens in cinemas, it is likely to rekindle public discussion around Shah Bano’s legacy, the intersection of law and religion, and the evolving narrative of women’s rights in India.