Cartoonist Agrees to Remove Controversial Post After Supreme Court Criticism
Supreme Court's Intervention
A cartoonist from Indore, who faced legal action for portraying Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh (RSS) in a controversial light, consented to delete his social media post following a reprimand from the Supreme Court. The incident was reported by a legal news outlet.
During a hearing, a bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar reviewed a special leave petition submitted by the cartoonist, Hemant Malviya, who was contesting a Madhya Pradesh High Court ruling that denied him anticipatory bail.
High Court's Ruling
In its ruling from July 3, the High Court stated that Malviya had 'clearly overstepped' the boundaries of free speech, misusing his right to express himself. The court determined that the cartoonist did not exercise proper discretion in publishing the caricature, deeming custodial interrogation necessary.
During the Supreme Court session, the judges expressed their disapproval of Malviya's actions. Consequently, his legal representative agreed to remove the contentious post.
Acknowledgment of Missteps
Malviya also consented to issue a statement clarifying that his amendments to the work did not imply endorsement of the comments deemed objectionable. His counsel acknowledged that while the cartoon and Malviya's remarks were not criminal, they could be perceived as 'unpalatable' or in 'poor taste.'
Justice Dhulia noted that despite Malviya being over 50 years old, the post still came across as immature and inflammatory.
Background of the Case
The original cartoon, published by Malviya on January 6, 2021, depicted Modi as a doctor giving an injection to a man dressed in what some interpreted as an RSS uniform. The accompanying Hindi caption suggested skepticism about the vaccine's efficacy, referencing comments made by Adar Poonawalla, CEO of the Serum Institute of India.
A Facebook user later altered the cartoon's caption, portraying the man in the RSS uniform as addressing Modi as a reincarnation of the Hindu god Shiva, requesting a strong dose of the caste census.
Malviya shared this modified version on May 1, stating that his cartoons were public property meant for anyone to use with their own captions. He claimed the amended cartoon was shared with him by a friend and praised the creativity of the new caption.
Legal Consequences
Following the altered post, a complaint was lodged by an RSS member, accusing Malviya of posting derogatory content that defamed the organization and offended religious sentiments. In May, he was charged under various sections of the Bharatiya Nyaya Sanhita and the Information Technology Act, which address promoting enmity between groups and insulting religious feelings.
Malviya contended that he was wrongfully implicated and that his work was intended as satire. He maintained that he should not be held accountable for the comments made by others regarding the caricature.
Next Steps
The case is scheduled for another hearing on Tuesday.