ALIGARH

HIT BY HOMOSEXUALITY AND BREACH OF PRIVACY

FILM REVIEW

SUBMITTED BY:

ISHIKA SARAWAGI-23013580
KHUSHI JAISWAL-23014559
SAMPADA MISHRA-23014301
 INTRODUCTION

“It takes no compromise to give people their rights… it takes no money to respect the
individual.”- Harvey Milk

SYNOPSIS OF THE FILM

Aligarh is a film based on the true story of Dr. Shrinivas Ramchandra Siras who lived in the
heart of Aligarh, a historic Indian city. He led a quite dedicated life teaching Marathi and
preserving literature at a prestigious Aligarh Muslim university. His life takes a drastic turn
when a sting operation by a local TV channel exposes his homosexuality by airing his private
moments with a rickshaw driver, Irfan. His private moments, deemed immoral by the
conservative university community, led to his immediate suspension and public humiliation.
Enters Deepu Sebastian, a young, ambitious journalist who stumbles upon Siras's Story.
Initially intrigued by the sensational story, Deepu, driven by career aspirations, tries to delve
into Siras's life where he discovers a lonely, heartbroken man yearning for some
companionship. Delving further he discovers a gentle, literate, scholarly man excluded for his
sexual orientation in a deeply conservative society.
A reclusive man by nature, Siras takes solace in Deepu's empathetic demeanor. On the other
hand, Deepu faces a challenge from Siras's quiet dignity and refusal to let his sexuality define
him. Their strange connection deepens, offering them comprehension and companionship
amid their alone lives.
Deepu investigates the matter and uncovers a maze of prejudice and hypocrisy. The same
university officials who criticize Siras fail to acknowledge their own moral shortcomings.
Deepu fights for the restoration of Siras, highlighting how absurd it is to draw conclusions
about someone based solely on their sexual orientation.
The film explores the complexities of loneliness and the human need for connection. By
sharing details of his personal life with the world, Siras highlights the stigma that our culture
attaches to homosexuality. Nevertheless, Siras does not back down and does not apologize
for his identity. Aligarh has a remarkable story of perseverance in the face of hardship. The
unexpected interaction between two vastly different people gives the image a ray of optimism
despite dealing with the hard realities of social discrimination.
The legal issue surrounding Siras's reinstatement sets up the film's finale, which prompts
spectators to reflect on the struggle for acceptance and human rights. The film’s strength lies
in capturing the personality and psyche of Siras. Not just as he looks from outside but more
so his inner life: his loneliness, advancing age and the betrayal and humiliation in the winter
of his life.
1
Joshi, Namrata. “Aligarh: An Autumn of Loneliness.” The Hindu, 6 Sept. 2016,
www.thehindu.com/news/cities/mumbai/entertainment/aligarh-an-autumn-of-loneliness/
article8282914.ece.
2
It takes no compromise to give people their rights.” Harvey Milk would ...,
https://brockelpress.com/2015/05/23/2411/.

CONSTITUTIONAL ASPECTS UNDER REVIEW

The theme of the film is sexuality and homosexuality. A Homosexual is a person, regardless
of sex engaged in or attempts to engage or has the intention to engage in homosexual acts and
thinking is directed towards people of the same sex as gay and lesbian. For example: In
Indian mythology, Shikhandi is a character in the Mahabharata who was raised as a son by
his father Drupada, but he was originally born as a girl, it was never considered a taboo to the
people in the ancient days as it was very normal for them. The theme of the movie is the
concept of sexuality and homosexuality. Section 377 of India Constitution talks about
homosexuality, which was introduced in the year of 1861 during the British rule of India. It
was referred to as an unnatural offence and if an individual voluntarily has carnal intercourse
against the order of nature with anyone, they will be punished for life. After this has been
amended repeatedly, this impacted society at large and mostly on the people who identify
themselves as homosexual or bisexual.
India is a nation that is considered the first civilization, which shows that views on these
matters come from the upbringing we get. The film covers diverse topics which can be
related to the Constitution like invasion of privacy, sexual orientation, fundamental rights,
morality, and legality. In the year 1861 homosexuality was considered an unnatural offence,
in the year 2018 Supreme Court decriminalized section 377 and allowed gay sex among
consenting adults in private, but in the year 2009 Delhi High Court already decriminalized
sex but in 2013 it was overturned by the Supreme Court to be found legally unsustainable and
in 2014 it was considered as a third gender.
Article 14, which states everyone is equal before the law violated the very moment he was
suspended from the university because he had sex with a man and was deprived of his
necessities. In the film, Professor Siras tells Dipu, the journalist, that other professors are
jealous of his position. He was treated as an outcast and was criticized as a bachelor amongst
married people. Identifying as a homosexual, society robbed him of his fundamental rights
and the university stripped off his professor title and humiliated him throughout the whole
university.
Article 15 was violated in the case of Professor Siras who was a professor at Aligarh Muslim
University. He was suspended on the grounds of being gay, which does not stand as a ground
for suspension. He was treated as an outcast in the university by his colleagues because he
belonged to a different state, which means there was explicit regional discrimination against
Professor Siras. In our society professor is given the position of guru, who is superior and is
respected by society but in this case, the very fact that the professor was gay outdid his
position as a guru and he was so badly humiliated only by the fact of his sexuality.
Article 19(a) states freedom of speech that every citizen has the right to freely express
thoughts, opinions, and ideas and this was violated when they suspended Professor siras and
abstained him from taking a stand for himself. Article 19(a) was also violated when then the
university coerced the professor into faking his opinion on the letter of resignation, therefore
exploiting his right to express his opinion and his sexual orientation. Article19(g) was also
violated when they restricted professor siras from practicing his profession as a professor
because he identified as a homosexual.
Article 21 which guarantee the protection of life and personal liberty and asserts that no
person should be deprived of their life except according to the procedure which included the
right to live with dignity, the right to livelihood and right to a healthy environment. A
person's right to privacy is essential to preserving their sense of self and dignity. This
includes having the capacity to make choices on one's own without unjustified intervention
by the state, businesses, or other people. This right, which recognizes its significance in
preserving individual autonomy, closeness, and personal growth, is inscribed in numerous
international human rights instruments and constitutions globally.
The invasion of Dr. Siras's privacy is shown in the movie in a very intimate and unpleasant
way. There is an unexpected knock on the door while Dr. Siras is getting settled in his house.
He advances cautiously, not realizing the extent of the impending trespass. Police and
university representatives join him when he opens the door, and their presence unnerves him
right away. The moment becomes more tense when Dr. Siras learns of the accusations made
against him. He is shown recordings of his intimate moments with another man that were
made without his knowledge or permission. As he struggles with the invasion of his privacy
and the consequences of the video ending up in the hands of the authorities, his astonishment
and bewilderment are evident on his face. The camera stays focused on Dr. Siras's face for a
long time, capturing the variety of feelings that are coursing through him—confusion, fear,
fury, and finally, resignation. In a moment, the scope of the intrusion into his private life
turns his world upside down and shatters his feeling of security. In an instant, his entire world
is destroyed, and when he realizes how much his personal life has been compromised, his
sense of security is destroyed.
Dr. Siras's face is in close-up, highlighting the intensity of the situation and his state of mind.
The way the lighting and framing are used heightens the feeling of imprisonment. Dr. Siras's
privacy has been violated in the cruelest way, as the scene reveals, and this sets off a series of
events that will last forever. His morality were being questioned by making homosexual a
taboo, he was being mentally harassed and touched by putting all the allegations and not
considering anymore as a part of society by which siras had suicidal thoughts where his
mental peace was hammered, by harassing in numerous ways like sending notice to him to
vacant the housing given by the university in seven days and stopping power supply. This
incident created a national issue and again talked about homosexuality. This redirects us to
the thought that privacy is such a sought-after life even after being a basic, integral human
right. The right to privacy enables us to be who we are and who we yearn to be.
It is a shame on the society that we are a part of because we preach so much about love- love
towards your mother, sister, wife, and everyone else- but one man is so brutally traumatized,
to the point of suicide just because he loved the wrong person- the wrong gender.
3
Toi-Online. “What Is Section 377 of IPC?” The Times of India, 31 Dec. 2018,
timesofindia.indiatimes.com/india/what-is-section-377/amp_articleshow/66067994.cms.
4
Article 19 of the Indian Constitution. www.google.com/url?q=https://samistilegal.in/article-
19/&usg=AOvVaw1F-B7HkVHBqYldpqrZfu7R.

LEGAL REVIEW
Now that we have discussed the film and its connection to the Constitution, we shall now
understand the articles applied in the film and talk about the constitutional remedy. As it has
been made clear the movie talks about homosexuality but that is not all there is to the film if
you thoroughly inspect there are other pivotal topics it covers. To understand the relation
better I would like to define all the articles.
1. Article 14- Everyone is equal before the eyes of law.
This is one of the most important and basic articles that can be applied to the film. Professor
Siras sexual orientation does not make him any less of a human being before law.
 2. Article 15- Prohibition of discrimination on grounds of religion, race, caste, sex,
or place of birth
(1)The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth, or any of them. (Sex includes sexual orientation)
This article is truly relevant to our film as the male protagonist was discriminated against
based on his sexual orientation.

3. Article 19- Protection of certain rights regarding freedom of speech, etc.

(1) All citizens shall have the right-
(a) to freedom of speech and expression;
The right to privacy also comes under this Article, as privacy is not defined in the
constitution as a right it still is considered as one after the Supreme Court made a judgment in
the case of Justice K.S. Puttaswamy (Retd) vs Union of India (2017).
(g) to practice any profession, or to carry on any occupation, trade, or business.
Even though all private institution has certain service rules they cannot overrule the
constitution, and as stated in the constitution freedom of speech and expression (expression
can be of any type) is for all meaning the male protagonist had every right to exercise this
right. Just because he had a different orientation it does not give others the power to judge
him and take the law into their own hands.
5
State of Bombay and Ors. v. F.N. Balsara:- Case Analysis,
https://www.ourlegalworld.com/state-of-bombay-and-ors-v-f-n-balsara-case-analysis/.

4. Article 21- Protection of life and personal liberty

1. No person shall be deprived of his life or personal liberty except according to
procedure established by law.
The right to life encompasses various aspects, including the right to live with dignity, the
right to live free of harassment, the right to livelihood, the right to choose a partner based on
sexual orientation, and the right to a healthy environment. Article 21 also protects the
personal liberty of individuals. It states that no person shall be deprived of their liberty except
according to the procedure established by law.
All the rights discussed in the previous paragraph can help the reader understand the
complexity of the movie and how in-depth it is related to the Constitution. All these rights
getting neglected just because society is not aware of them is a shame. Just because society
has been practicing the same belief for generations does not make it right, and it does not
mean that those with different perspectives and opinions are wrong.
6
PROTECTION OF LIFE AND PERSONAL LIBERTY (ARTICLE 21),
https://www.lawcolumn.in/life-and-personal-liberty-article-21/.

5. Article 32- Article 32 of the Constitution (Right to Constitutional Remedies): It

is a fundamental right, which states that individuals have the right to approach
the Supreme Court (SC) seeking enforcement of other fundamental rights recognized
by the Constitution.
Since the right guaranteed by Article 32 (i.e., the right to move the SC (Supreme Court)
where a fundamental right is infringed) is a fundamental right, the availability of alternate
remedy is no bar to relief under Article 32.
Now that all the articles covered in the film have been explained there is one particularly
important section that we need to discuss.
6. Section 377- Whoever voluntarily has carnal intercourse against the order of nature with
any man, woman, or animal, shall be punished with 1 [imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
This section of the Indian penal code has finally been decriminalized; it was
done on September 6th, 2018. This landmark judgment was passed by the five-judge bench of
the Supreme Court in the case of Navtej Singh Johar v. Union of India.
7
India Code: Section Details. www.indiacode.nic.in/show-data?
actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=434#:~:text=India
%20Code%3A%20Section%20Details&text=Whoever%20voluntarily%20has%20carnal
%20intercourse,also%20be%20liable%20to%20fine.

CONCLUSION
This film exposes its viewers to many new kinds of emotions, one can question in the end
that the conversations and discussions these kinds of films generate do they really make a
deep impact on society. This film portrays the gross violation of professor Siras’s privacy and
the vulnerabilities that emerge in the lives of people when their private lives are invaded.
Professor Siras’s exposure leads to his suspension, social ostracization and isolation in the
society which shows us the extremes of societal norms that dominate the society more than
the law which was made to safeguard us in the first place.
Aligarh's portrayal of the privacy breach raises questions about the ethics of using classified
information to expose someone's sexual orientation or confidential information which
compels us to consider the boundaries of privacy in a world where most of our lives on social
media, which makes it easy to access our data.
This film tells us society still raises question on morality on the matter of homosexuality even
after it being de-criminalised. It focuses on the discrimination faced by Professor Siras due to
hi sexual orientation and the public humiliation along with societal discomfort. Professor
story exposes the challenges of being homosexual in Indian society as homosexuality is still a
taboo subject. Even though our generation is more aware of these topics then our previous
generations were, it does not mean that we have accepted it wholeheartedly, the film had me,
and my group members question our own beliefs on the topic as we all come from various
parts of India all belonging to strong opiniated families. In the end the content of the film
does not just goes against constitution but also humanity.
8
“‘Gross Misconduct’ by Aligarh Muslim University.” Economic and Political Weekly, vol.
45, no. 9, 2010, pp. 8–8. JSTOR, http://www.jstor.org/stable/25664156. Accessed 12 Apr.
2024.