Can art, stand-up comedy lead to hatred? SC says this
What's the story
The Supreme Court has strongly upheld the right to freedom of speech and expression guaranteed by the Constitution.
The statement comes in response to recent cases where stand-up comedians and content creators faced legal action or investigations by police over their work.
Justices Abhay S Oka and Ujjal Bhuyan said, "We cannot be seen to be so shaky on our fundamentals that recital of a poem or...stand-up comedy can be alleged to lead to animosity or hatred amongst different communities."
Case dismissal
Court quashes FIR against Congress MP
In a strong defense of free speech, the Supreme Court on Friday quashed a First Information Report (FIR) against Congress MP Imran Pratapgarhi over a poem on social media.
The Gujarat Police had filed the FIR on a complaint by an advocate's clerk, who alleged the MP had posted a video on social media of a poem, "Ae khoon ke pyase baat suno."
The charges were "ridiculous," the court said, and not meant to insult any religion or religious beliefs.
Remarks
'Ridiculous to say appellant's act is intended to outrage feelings'
"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 bench said.
"The poem only tells the rulers what the reaction will be if the fight for rights is met with injustice."
It also said that "literature, including poetry, dramas, films, satire, and art, makes the lives of human beings more meaningful."
Critique
Court criticizes law enforcement's understanding of free speech
The court also rebuked cops for their inability to comprehend the right to free speech.
"This case shows that even after 75 years of the existence of our Constitution, the law enforcement machinery...is either ignorant about this important fundamental right or doesn't care."
To the Gujarat High Court, which refused to dismiss the FIR, the bench said, "Sometimes we...may not like the spoken or written words, but still, it is our duty to uphold the fundamental rights under Article 19(1)."
Comedian cases
Recent controversies involving stand-up comedians
The SC's statement comes at a time when comedians like Kunal Kamra and Ranveer Allahbadia are facing the heat for their work.
Kamra is under investigation for making fun of Maharashtra Deputy CM Eknath Shinde in his stand-up special Naya Bharat, while Allahbadia was booked over comments during Samay Raina's India's Got Latent show.
Both incidents have reignited the debate on freedom of speech in India.
The Madras High Court has granted interim anticipatory bail to Kamra till April 7.