Film on Shah Bano Case: Privacy or reputation of a person in extinguishes with his death, cannot be inherited by legal heirs.

Madhya Pradesh High Court Dismisses Plea to Halt Film Inspired by Shah Bano Case. Court Rules Posthumous Privacy Rights Non-existent, Upholds Artistic Freedom  

In a significant ruling, the Madhya Pradesh High Court dismissed a writ petition filed by Ms. Siddiqua Begum Khan, seeking to restrain the release of the film "Haq," which dramatizes the life events surrounding the landmark Shah Bano case. The petitioner, daughter of the late Shah Bano Begum, claimed the film violates her mother's right to privacy and dignity. However, the court, presided over by Justice Pranay Verma, held that the right to privacy is not heritable and extinguishes upon death, thereby nullifying the petitioner's claim.

Justice Verma emphasized that the film, inspired by the Supreme Court judgment in the Shah Bano case, is a fictional adaptation and not a biopic. It was argued that artistic freedom allows for dramatization without the need for prior consent from the descendants of individuals depicted. The court noted that the film had already received certification from the Central Board of Film Certification (CBFC), which implies compliance with statutory guidelines, and the petitioner had the alternative remedy to challenge this certification.

The judgment further clarified that the film's fictional nature, supported by a disclaimer, negated claims of false portrayal or sensationalism. Moreover, the petition was dismissed on grounds of delay and laches, as the petitioner approached the court only days before the film's release, despite having prior knowledge of its production.

This verdict reinforces the principle that posthumous rights to privacy are not recognized under Indian law, and artistic expressions inspired by public records enjoy constitutional protection under Article 19(1)(a).

Bottom Line:

Privacy or reputation earned by a person during their lifetime extinguishes with their death and cannot be inherited by their legal heirs.

Statutory provision(s): Article 21 of the Constitution of India, Article 19(1)(a) of the Constitution of India, Section 5E of the Cinematograph Act, 1952

Ms. Siddiqua Begum Khan v. Union of India, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2804860