Notable was the Madhya Pradesh High Court that recently refused to permit a petition, submitted by Siddiqua Begum Khan, daughter of Shah Bano Begum, requesting to stop the release of the film Haq. The petitioner argued that the film was based on personal and marriage experiences in the life of her mother, especially the historic case of maintenance and filmmakers had never consulted with legal heirs prior to dramatizing the experience.
Shah Bano’s Daughter Fails To Stop Release Of ‘Haq’ Movie, Madhya Pradesh High Court Dismisses Plea
In the ruling, the court believed the filmmakers because the film is fictionalized, and it is based on the case rather than recreating it. The court observed that the film carries with it an effective disclaimer that it is a dramatization. It highlighted the fact that the individual rights to privacy and reputation, which a person enjoys in the present lifespan, are not inherited by individuals after the death of that individual. The judge noted that since the underlying case belongs to the public record and is broadly covered, the case falls under fair media commentary.
Shah Bano’s Daughter Fails To Stop Release Of ‘Haq’ Movie, Madhya Pradesh High Court Dismisses Plea
Moreover, the court noted procedural flaws to the petition, the petition was not filed immediately upon the emergence of cause of action, but about 10 days prior to the release of the film, after it was certified by the Central Board of Film Certification (CBFC). The court also pointed out that the petitioner had the other way out (e.g. revocation of the film certificate) as opposed to going to the court at the last minute. The plea was finally denied and release of the film was allowed to go on.
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