Mughal-e-Azam opens with a statement,"History & Legend link the story of our past. when both are fused together in the crucible of art and imagination, the spirit of this great land is revealed in all its Splendour & Beauty." The first half of this sentence pretty much sums up how historical films are made. From Mughal-e-Azam to Padmaavat, several period films have created history despite accusations of inaccuracy, and both these films and many in between have followed history and legends.
While
Padmaavat
became a massive hit even after protests and controversies, some of the recent films on historical subjects have courted controversy but failed to replicate the same box office numbers.
Historians say that period dramas have always played fast and loose with the facts hence moviegoers should not take these films as actual depiction, but as drama. Greg Jenner, historical advisor to a series Horrible Histories, once posted “So long as historians are able to publicly respond, these films are helpful, not a hindrance, in stimulating public fascination with the past.” In the past, be it during Padmavat or after the release of Jodhaa Akbar, forts where these films were shot or the monuments which were associated suddenly witnessed a spike in visitors because of the film.
In recent years, several films have been accused of misrepresentation, and of rewriting history which led to cases being filed before releases which eventually meant higher legal budgets. We spoke to lawyers and historians to understand the scenario.
Not even a single period film is accurate and authentic, but it doesn't have to
Historians say that most films largely fall under inspired story category and hence looking to films for accuracy itself is not right.
Shivendra Singh
Dungarpur
, filmmaker, archivist and historian says,"None of these films are actual and accurate depiction. None of them. For example, look at the greatest historical drama of
Indian cinema
- Mughal-e-Azam. First, about factual accuracy, whether the story of Anarkali exists or not is still debatable. But Mughal-e-Azam remains a great film with an ensemble of great stars, sets, story, costumes, dialogues in what we call historical or period drama. Now whether it is authentic or not is a big question, but it is a great film. Was Lagaan historical? No. Neither these two or any of the historical films in our country are accurate. None. All these films are inspired. And
filmmakers
should say it is inspired than claiming that they are bringing history to screens."
Dungarpur says that a filmmaker takes a slice of history and puts across his perspective and his understanding of these characters. How historical films are being made depends upon the sensibilities of the director. For instance, Sanjay Leela Bhansali's films are inspired; he is not interested in the history but in the grandeur of that world. Hence it is about how a filmmaker approaches a historical subject. Look at RRR, it is based in a particular time frame of history but nothing is authentic in the film. RRR is a fictionalised version based on certain historical facts. What RRR writer
Vijyendra Prasad
and Rajamouli created is larger than life. But that's a complete interpretation."
But is there a line that should not be crossed while making period dramas? He says,"Yes, there is a line, and that's facts. Even for fictionalised versions, facts can't be changed- for instance, the period in which an emperor ruled, whom he met and who were his children and so on. As a student of history, I find two accurate examples of real-life characters in films -
Shyam Benegal
's Bose and Richard Attenborough's Gandhi are example of accurate depiction."
During Padmaavat, a KMC professor Ajeet Kumar told us then,"If true history is shown in any movie, it will turn out to be a flop. We need to keep history (actual depiction of history) away from films."
Dungarpur adds,"Besides, history itself is subject to interpretation and historians disagree over many accounts and incidents. History also depends upon who's writing it."
Budget of historical films for security and legal is four times higher than a regular film: Girish Johar
Girish Johar, a producer and business analyst says,"There are three aspects for making a historical film- First, whether it is relatable to audience, second - how contemporarise can we tell the story because there is no point in unnecessarily being dragged in lawsuits of hurt sentiments and third is budget."
He adds, "In the recent years, we have also seen protests at shoot locations so be it legal or security, the budget for historical film goes up approximately four times more than in other films in only these two areas."
You need to be very careful when you're making a historical film in our country: Sanjay Leela Bhansali
Bhansali has made several historical films and they have also been mired in controversies. Speaking about them, at an event, he said, "When you're making a historical (film) in our country, you need to be very careful. You need to get your facts right. And that is where my research ends (with getting facts right) because most of it is my imagination and how I see that period. I do go and see the architecture, but when I go there I start imagining my roof, pillars and carpets. I find research very boring. I, as a filmmaker, am not setting out to make a documentary that I want to be exact. I want my impressions to come into the film. I feel bored when people say they have done a lot of research and put it in. They are right when they do it but that is my take on it."
Ashutosh Gowariker said during the release of Jodhaa Akbar,"I’ve referred to literature and academia. Akbarnama was in Farsi. It doesn’t mean I’d use Farsi in my film. I want Tamil Nadu, Kerala and Bengal to understand the film. I’m dubbing the film into Telugu and Tamil. Each language has its own regality and I’m going by the individual regality of the province. I had one vision before me when I started making this film."
Filmmakers must exercise caution when making films based on historical figures: Lawyers
Ameet Naik, Founder and Managing Partner, Naik Naik & Co. who has worked on the cases of films such as Padmaavat, Hawaizaada, Bajirao
Mastani
, Panipat says,"We are currently working on a case where an author of a historical book is claiming infringement of copyright in a film based on the historical figure the book is centered around."
Ameet adds,"Filmmakers, when making films based on historical figures, must exercise caution. Cinema at large has a wide reach and its makers must understand that a film has the ability to create an impression or certain perception amongst the public. Accordingly, distortion of any historical facts should be avoided, and adequate research should be done to ensure that there is sufficient information available to support the events shown in the film."
He adds,"They should avoid the depiction of any sensitive topics, for which there is no information available in the public domain – an example of the film Padmaavat can be taken, where there was purportedly a love scene between Rani Padmini and Allauddin Khilji. This scene, although not in the actual film, received significant backlash from the public as a portion of it was shown in the trailer. Filmmakers should also include an appropriate disclaimer in their film, which clarifies whether the firm is a work of fiction or based entirely on real events."
In several films like Padmaavat, courts have refused to intervene after the CBFC grants certificate
In several films like Padmavat, courts have refused to intervene after the CBFC grants certificate. Chandrima Mitra, partner, Media and Entertainment Practice, DSK Legal, says," Anybody can file a case or raise an objection, but whether the case is sustainable or not depends upon merit. Hence when dealing with historical subjects, it is necessary that depiction and narration needs to be respectful and correct. It can be ensured through the available historical account backed by valid sources. Besides, filmmakers also need to ensure that they have all required permissions and rights."
Courts refuse to grant stay on the release of such (historical) films
Pritika Kumar, founder, Cornellia Chambers says,"When objections are raised, then if filmmakers can factually prove that the information has been taken from credible sources then such cases can be resolved. Several states have their own Cinema Regulation Acts such as Gujarat, Rajasthan, Punjab and Haryana, which empower State Governments to suspend the release of certain films, and states have used these provisions to impose a ban on the release of movies in the past despite such movies having received a certification from the CBFC (
Central Board of Film Certification
). We have seen that largely, courts refuse to grant stay on the release of such (historical) films. Besides, courts also encourage filmmakers to put appropriate disclaimers stating that there is no intent to hurt any person, community or religion."
We look at some of the films -
Padmaavat
The makers of Padmaavat faced backlash from the Rajput community for negative depiction of Padmavati, who was a Rajput queen. Sets were demolished and some states banned the release of film. Eventually, the film was certified by the Central Board for Film Certification (CBFC) and allowed to release subject to certain modifications, edits and title was changed from the queen's name Padmavati to Padmavat. Protestors moved the Supreme Court seeking ban of the film on grounds of distortion of facts, but the court refused to intervene since the film had been certified by the CBFC. The actors and makers also faced criminal charges under several Section 153 A (Promoting enmity between groups of people), Section 153B - making imputations prejudicial to national integration and Section 295 A (outraging religious feelings).
Bajirao Mastani
The makers of Bajirao Mastani faced allegations of distorting the history relating to king Shrimant Bajirao Peshwa and his family members. The petitioners made specific objections to the song ‘Pinga’ where the characters Kashibai and Mastani were dancing together. Ultimately, the movie was allowed to be released.
Panipat
Several Jat groups had protested the release of the film ‘Panipat’ for the negative portrayal of Maharaja Surajmal. They said that the movie was distorting facts to show him negatively and
what was depicted strayed away from true fact. Several scenes had to be edited to cut out controversial scenes.
Hawaizaada
In the case of Hawaizaada, the makers of the film were accused of distorting historical facts. The film was based on Shivkar Bapuji Talpade, however the film was not a biopic and was never. A case was filed against its makers in Bombay High Court, however it was dismissed as they were able to prove that the film was a work of complete fiction and many parts had been fictionalised.
Mangal Pandey
The makers were accused of defamation. Before the release of Mangal Pandey: The Rising, petitioners, claiming to be descendants of Mangal Pandey made various allegations against the producers of the film, including one of defamatory depiction. The court, hearing the case, eventually reached the conclusion that a disclaimer would need to be added at the end of the film clarifying that certain elements of the story were fiction, and not truth.
Jodhaa Akbar (2008) -
Several groups demanded a ban on the film and alleged that the film misrepresented the relation between Mughal emperor Akbar and his wife Jodha Bai. The film was released after modifications and changes.
Samrat Prithviraj (2022)
Delhi High Court
rejected plea seeking name change of Akshay Kumar starrer film Prithviraj. The plea suggested that the film's name should be 'Great Emperor Prithviraj Chauhan.The plea mentioned that putting the movie title only as 'Prithviraj' hurts the sentiments of the public at large and makers should be more respectful.
Another plea which was rejected said that the king was Gurjar to which the production house (YRF) responded in the court that Samrat Prithviraj film is caste neutral, and that it does not depict king as Rajput of Gurjar.
Manikarnika
: The Queen of Jhansi (2019) - This film faced a legal notice for inappropriate portrayal of the queen.
Main areas where objections are raised in the context of historical films
(i) Distortion of historical facts - It is often alleged that the makers of the films have purposefully distorted and misrepresented facts to push a certain narrative, which is contrary to real events.
(ii) Defamation -Filmmakers are also accused of defamation, i.e. intentionally maligning the reputation and image of any person to cause harm or injury. However, this action is limited as it
can only be instituted by the legal heirs of the person alleged to be defamed.
(iii) Hurting of sentiments.It is argued by many that the distortion of historical facts and defamatory portrayal of certain characters is done intentionally to attack the sentiments of a group of people, who revere that figure.
iv ) In a few cases, there are even copyright claims, where historians or authors of historical books claim copyright over the information therein. However, an essential principle of copyright law – copyright cannot subsist in real life events or historical facts. Thus, in most cases such action does not survive.
Generally, cases are filed in the form of PIL (Public Interest Litigations), invoking the original jurisdiction of the High Court or the Supreme Court.
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