Gujarat High Court Lifts Stay on Netflix Film ‘Maharaj’

The Gujarat High Court has lifted its temporary stay on the release of the Netflix film ‘Maharaj’, which was earlier barred from streaming following a petition by a group of businessmen. The court found that the film, based on historical events leading to the 1862 Maharaj Libel Case, was not intended to hurt the sentiments of any community. This decision comes after Justice Sangeeta K Vishen reviewed the film, concluding that it is focused on historical social reform rather than defamation.

Background

• Initial Ban: On June 13, the Gujarat High Court issued an interim order preventing Netflix from releasing ‘Maharaj’, originally set for a June 14 release. The petitioners claimed that the film could offend the Vaishnavite community’s religious sensibilities.
• Film’s Basis: ‘Maharaj’ is inspired by a 2013 book by Gujarati writer Saurabh Shah, detailing the Maharaj Libel Case of 1862. This landmark case involved social reformer Karsandas Mulji, who exposed sexual exploitation within the Vaishnavite community, leading to a libel suit by a prominent figure, Jadunathji.

Court’s Decision

• Review and Ruling: Justice Vishen watched the film and determined that it primarily recounts events related to the historical libel case, focusing on Mulji’s fight against social evils.
• Freedom of Expression: The court emphasized the importance of freedom of expression under Article 19(1)(a) of the Indian Constitution, stating that mere presumptions of potential offense cannot curtail this right.
• Central Board of Film Certification: The film was certified by the Central Board for Film Certification, which had already assessed its content for compliance with relevant guidelines.

Key Points from the Judgment

1. Historical Context: The film’s narrative centers around historical events, specifically the Maharaj Libel Case, and does not aim to defame the Vaishnavite community.
2. Message of Social Reform: The court noted that the film highlights Karsandas Mulji’s efforts to address social injustices, portraying him as a reformer within his own community.
3. No Evidence of Harm: Justice Vishen pointed out that the 2013 book, on which the film is based, did not incite any communal disharmony, indicating that similar concerns about the film were unfounded.
4. Sect and Community: The film underscores that the actions of individuals should not tarnish the reputation of the entire sect, which remains a vital part of India’s social, cultural, and religious fabric.

Conclusion

The Gujarat High Court’s lifting of the stay on ‘Maharaj’ allows Netflix to proceed with the film’s release. This decision reaffirms the importance of freedom of expression and underscores the necessity of viewing artistic works within their historical and social contexts. The court’s ruling also serves as a reminder that preemptive bans based on presumptive offense can undermine constitutional freedoms and artistic expression.

Keywords

Gujarat High Court, Netflix, Maharaj, Karsandas Mulji, Maharaj Libel Case, Vaishnavite community, freedom of expression, Article 19(1)(a), social reform, Central Board for Film Certification.

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