Today, On 28th March, The Supreme Court ruled that the notion of art or stand-up comedy inciting hatred could severely restrict free speech. The court emphasized that literature, poetry, drama, films, satire, and stage performances enrich human life. It highlighted the importance of artistic expression in a democratic society. The verdict reinforces the constitutional protection of creative freedom in India.
New Delhi: As stand-up comedians and content creators face police action for their work, the Supreme Court today reminded authorities of the right to freedom of speech and expression protected by the Constitution of India.
A bench of Justices Abhay S Oka and Ujjal Bhuyan stated,
“75 years into our republic, we cannot be seen to be so shaky on our fundamentals that mere recital of a poem or for that matter, any form of art or entertainment, such as, stand-up comedy, can be alleged to lead to animosity or hatred amongst different communities. Subscribing to such a view would stifle all legitimate expressions of view in the public domain which is so fundamental to a free society.”
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Emphasizing the importance of artistic expression, the Court added,
“Literature including poetry, dramas, films, stage shows including stand-up comedy, satire and art, make the lives of human beings more meaningful. The Courts are duty-bound to uphold and enforce fundamental rights guaranteed under the Constitution of India.”
The Court delivered its judgment while quashing a First Information Report (FIR) against Congress Member of Parliament (MP) Imran Pratapgarhi, related to a poem he shared on social media.
Pratapgarhi was charged by the Gujarat Police following a complaint from an advocate’s clerk, who claimed the MP had posted a video featuring a poem titled “Ae khoon ke pyase baat suno…” with the poem playing in the background.
The Gujarat Police invoked Sections 197 (imputations prejudicial to national integration), 299 (deliberate acts intended to outrage religious feelings), and 302 (uttering words to wound religious sentiments) of the Bharatiya Nyaya Sanhita (BNS).
In response to these provisions, the Court remarked,
“To say the least, it is ridiculous to say that the act of the appellant is intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. The poem only tells the rulers what the reaction will be if the fight for rights is met with injustice.”
Supreme Court remarked,
“75 years into our republic, we cannot be seen to be so shaky that mere recital of a poem or any form of art or entertainment such as stand-up comedy, can be alleged to lead to animosity or hatred amongst communities.”
The Court criticized law enforcement for their apparent failure to recognize the right to free speech, stating,
“This case shows that even after 75 years of the existence of our Constitution, the law enforcement machinery of the State is either ignorant about this important fundamental right or does not care for this fundamental right.”
This ruling comes at a time when criminal cases are increasingly being filed against content creators throughout the country. Recently, a case was also reported against stand-up comic Kunal Kamra for criticizing Maharashtra Deputy Chief Minister Eknath Shinde in his stand-up special titled Naya Bharat.
In response to the remarks made by Kunal Kamra, Shiv Sena activists vandalized the studio where he performed. The individuals involved in the vandalism are currently out on bail.
Last month, YouTuber Ranveer Allahabadia faced legal action for comments he made during Samay Raina’s India’s Got Latent show. The Supreme Court initially criticized Allahabadia, labeling his remarks as “very dirty” and “depraved.”
The Court stated,
“There has to be a height of lack of responsibility. This kind of condemnable behavior…that somebody thinks himself that ‘I can, because now I have become so and so popular and therefore I can speak any kind of words and that I can take the entire society to be granted’,”
Although the Court granted him protection from arrest, it prohibited him from conducting future shows. However, on March 3, the Court permitted him to resume The Ranveer Show.
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