From courtroom to screen, Shah Bano’s story stirs a new uproar

By Syed Ali Mujtaba*

The upcoming movie HAQ, based on the 1985 Shah Bano case, has stirred a major controversy in India. Starring Emraan Hashmi and Yami Gautam in the lead roles, the film has been cleared by the Central Board of Film Certification for theatrical release on November 7, 2025, but faces legal challenges from Shah Bano’s family members.

Members of the late Shah Bano’s family have expressed dissatisfaction with the portrayal of the central character and have served legal notices to the filmmakers, alleging a breach of privacy. Shah Bano’s daughter, Siddiqua Begum Khan, has moved the Madhya Pradesh High Court, arguing that the movie constitutes an “unauthorized depiction of personal life without the consent of her legal heirs.”

“The producers did not seek permission before using my mother’s identity,” she stated, adding that “the movie violates her personality rights and depicts her in a derogatory manner.” The petitioner further claimed that the teaser and trailer contain defamatory content that infringes upon the family’s right to privacy.

According to the petition, the trailer includes objectionable dialogues such as a scene showing money being thrown at Shah Bano’s face to signify divorce and a line saying, “Agar tum wafadar biwi hoti toh aisi baat nahi karti.” The counsel for the petitioner argued that “merely changing character names is not sufficient,” adding that Article 19(2) of the Constitution imposes restrictions against harming a person’s reputation. The right to privacy, as upheld in the Puttaswamy judgment, also applies to the present case.

Shah Bano’s daughter has sought an immediate injunction against the screening, promotion, or release of HAQ.

The film’s producer, however, has defended the work, noting that it carries a clear disclaimer stating that it is not a biopic and does not claim to portray real individuals. He maintained that the film presents Shah Bano in a positive light as an “inspiration” for women across India.

Justice Pranay Verma, after hearing arguments from both sides, including representatives of the producers and the Censor Board, has reserved his verdict.

HAQ centers on the story of Shah Bano, a mother of five who approached the courts in 1985 seeking maintenance under Section 125 of the Criminal Procedure Code (CrPC). The Supreme Court judgment in Mohammad Ahmed Khan vs. Shah Bano Begum (1985) upheld the right of Muslim women to claim maintenance from ex-husbands even after divorce.

The verdict sparked a nationwide debate, touching on sensitive themes such as the Uniform Civil Code, personal laws, and gender justice. It became a turning point in discussions on the balance between religious freedom and women’s rights in India.

The movie’s narrative revisits this historic case, exploring questions of family, faith, justice, and gender equality within the Muslim community.

Observers note that HAQ emerges amid a growing trend of films accused of promoting anti-Muslim narratives in Indian cinema, particularly since 2022. Movies such as The Kashmir Files, The Kerala Story, The Bengal Files, 72 Hoorain, and Humare Baarah have drawn both political endorsements and criticism for allegedly deepening communal divisions.

Critics argue that such films perpetuate negative stereotypes of Muslims—as terrorists, extremists, or conspirators—and serve as tools of political propaganda. Supporters, however, claim they present factual accounts of historical and social realities.

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

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*Journalist based in Chennai

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