Movie ‘HAQ’, based on the Shah Bano Case, Sparks Controversy

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By Syed Ali Mujtaba, Edited by Adam Rizvi, The India Observer, TIO: The upcoming movie ‘HAQ’, based on the Shah Bano case of 1985, has sparked a hornet’s nest in India. Starring Emraan Hashmi and Yami Gautam in lead roles, the movie is cleared by the censor board for theatrical release on November 7, 2025, but is contested in Court by the family members of Shah Bano.

Members of Shah Bano’s family are unhappy about the portrayal of the main character and have served legal notices to the filmmakers, saying this movie is a breach of privacy.

Shah Bano’s daughter, Siddiqua Begum Khan, has moved the Madhya Pradesh High Court, contending that the movie is an “unauthorized depiction of personal life without the consent of her legal heirs.”

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“The producers of the film did not take permission before using her mother’s identity, she said, and added, “the movie affects the personality rights of her mother and depicts her image in a derogatory manner.”

The petitioner submitted that the content of the teaser and trailer was derogatory in nature and was affecting the right of privacy of Shah Bano and her family members.

“If the basis of the movie is the book ‘Bharat Ki Beti’, by journalist Jigna Vora, as claimed by the defendant, then those are not reflected in the dialogues used in the trailer.”

“The dialogues used are very defamatory and derogatory,” the petitioner said, citing that the trailer delivers a way of delivering Talaq by throwing money at the face of Shah Bano. In the teaser, it says ‘agar tum wafadar biwi hoti toh aisi baat nahi karti’…..

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The counsel of the plaintiff argued, “merely changing the names of characters is not a sufficient excuse. There is a restriction under Art 19(2) that they cannot harm the reputation of the petitioner and or her family member. The right of privacy applies to the present petitioner as in the Puttaswamy judgment.”

 “Shah Bano’s daughter, in her complaint, demanded ‘immediate restraint on the screening, promotion or release of the movie ‘HAQ.”

However, the movie’s producer has contended that the movie is preceded by a Disclaimer. Referring to the disclaimer, he said that the movie is not a biopic nor does it claim to be one. He said that the film portrayed Shah Bano in the correct light as a source of “inspiration” for all other women in India.

Justice Pranay Verma, after hearing all the parties–including the producers and the Censor Board, reserved his verdict in the matter.

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The film HAQ centers on Shah Bano, a mother of five children who approached the courts in 1985 seeking maintenance under Section 125 of the Criminal Procedure Code (CrPC) for herself and her children.

 The Supreme Court judgment in the Mohammad Ahmed Khan vs. Shah Bano Begum Case of 1985 upheld Muslim women’s rights of maintenance from ex-husbands even after their divorce.

The Supreme Court’s judgment ignited significant public and political debate in the country. The judgment touched on sensitive themes such as the Uniform Civil Code, personal laws, and gender rights, influencing discourse around equal access to justice and the intersection of religious and secular laws in India.

The narrative of the current movie ‘HAQ’ draws from the widely discussed topic and judgment of the Supreme Court. The movie recalls the landmark Shah Bano case judgment and explores issues of family, religion, justice, and gender equality in the Muslim community.

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There is a notable and controversial trend of films with alleged anti-Muslim narratives increasing in the Indian cinema landscape, particularly since 2022. This trend is often linked to the broader political climate in India, including the rise of Hindu nationalism.

These films often employ specific patterns of negative stereotyping, such as depicting Muslim characters primarily as terrorists, extremists, historical villains, or as part of conspiracy theories like “love jihad.”

Several such films, including “The Kashmir Files” and “The Kerala Story”, “The Bengal Files,” “72 Hoorain,” “Humare Baarah” have received endorsements and tax exemptions from leaders and the BJP-ruled state governments, suggesting cinema is being used as a political tool to polarize society.

Such movies have sparked intense public debate, protests, legal challenges, and, in some cases, have been linked to real-world communal tensions and violence. Critics argue they contribute to an atmosphere of hatred and fear among minority communities.

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The classification of these films as “anti-Muslim” is subjective and a matter of ongoing debate within Indian society, with some seeing them as factual portrayals of history or social issues, while critics view them as deliberate propaganda.

The cast of the movie “HAQ” includes Emraan Hashmi, Yami Gautam,  Vartika Singh, Sheeba Chaddha, Danish Hussain, and Aseem Hattangady. The script of the film is written by Reshu Nath and is directed by Suparn Verma. Junglee Pictures has produced the film.

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Curated by Humra Kidwai

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