In a packed courtroom at the Madhya Pradesh High Court on Monday, a petition filed by Siddiqua Begum Khan-daughter of the late Shah Bano Begum-sparked a debate over artistic freedom and personal legacy. The petition challenges the upcoming release of the film Haq, starring Yami Gautam Dhar and Emraan Hashmi, scheduled to hit theatres on November 7.
Background
The film is said to be inspired by the well-known 1985 Supreme Court verdict in Mohd. Ahmed Khan vs. Shah Bano Begum, where the Court held that a Muslim woman was entitled to maintenance under Section 125 of the CrPC even after divorce. The judgment became a watershed moment in discussions around women’s rights, secular law, and personal law.
However, Siddiqua Khan’s counsel, Advocate Tousif Warsi, argued that the movie goes beyond referencing the judgment and portrays intimate fragments of Shah Bano’s personal life without any consent from her family.
“Entire movie is reflective of personal life of late Shah Bano Begum… and no written consent was obtained from biological daughters,” Warsi said.
He added that a legal notice was already issued to the filmmakers and that the trailer itself carried “derogatory” impressions that did not align with reality.
Court’s Observations
Justice Pranay Verma engaged closely with both sides. When the producers claimed the film is based on “judgment and literature” rather than Shah Bano’s personal experiences, the bench noted, “If she struggled, would it not be credit for her? Why assume derogation?”
Warsi responded that the concern was not the portrayal of struggle but the unpermitted use of identity.
“What curtailed them from obtaining written consent before using her name or life moments?” he asked.
The counsel for the Central Board of Film Certification (CBFC) stated that the movie received certification because it is fictional and not marketed as a biopic.
“Something fictitious needs no permission. The teaser itself says it is inspired by a Supreme Court judgment,” the CBFC lawyer submitted.
Meanwhile, counsel for producer Junglee Pictures informed the court that the film opens with a formal disclaimer and is partially based on the book Bharat Ki Beti along with the judgment.
The bench noted, however, that the disclaimer had not been placed on record and directed the filmmakers to submit it.
Decision
The court has kept the matter for further hearing on Tuesday, indicating that it will review the disclaimer and hear additional arguments before deciding whether the film may release as scheduled.
Case Title: Siddiqua Begum Khan vs. Union of India & Others (MP High Court, 2025)
Petitioner: Siddiqua Begum Khan, daughter of late Shah Bano Begum.
Respondents: Union of India, CBFC, and producers of the film Haq.
