By – Sai Ruchitha

Abstract

This article critically examines the shrinking space for political satire in India, with a focus on the legal controversy surrounding the comedian Kunal Kamra. It explores the jurisprudence around defamation, contempt of court, and the cultural chill on satire in light of Kamra’s experiences. One of his satirical remarks regarding Maharashtra Deputy Chief Minister Eknath Shinde as a “traitor” in his new video of the show ‘Naya Bharat’ has sparked outrage and led to vandalism of the venue by Shiv Sena members, reigniting debates on free speech and the rule of law. Kunal Kamra’s recent performances and online content bring to the fore the tenuous balance between free speech and defamation under Indian law. The paper argues for a recalibration of Indian free speech jurisprudence in favour of stronger protections for satirists, comedians, and political critics.

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Introduction

Indian Courts have long struggled with reasonably protecting a citizen’s right to freedom of speech and expression. Article 19(1)(a) of the Indian Constitution guarantees that all citizens will have the right to freedom of speech and expression. It is widely regarded as an essential feature of a democratic society, as it enables citizens to express their opinions, dissent, yet Article 19(2) authorises Parliament to enact “reasonable restrictions” in the interests of state security, contempt of court, public order, decency, defamation etc. of court, defamation, and other grounds. Kunal Kamra’s case raises concern that freedom of speech and expression under Article 19 of the Indian Constitution is under siege. Multiple defamation lawsuits have been initiated against Kunal Kamra as a result of the politically satirical parody songs he has performed. Political satire is a genre of comedy that plays an essential role in holding those in power accountable, often saying what others dare not. This article will critically examine whether the government applies criminal defamation laws solely for the legitimate protection of political leaders’ reputations or if it seeks to shield itself from criticism and scrutiny.

“Chilling effect” in Indian Jurisprudence regarding Defamation vs Freedom of Speech

The ‘doctrine of Chilling Effect’ originates from the Constitution of the United States and has been cited in many Supreme Court cases involving the freedom of speech. This Doctrine is used to prevent any legal sanctions that may lead individuals to suppress their exercise of a natural or legal right, particularly due to fear of legal consequences. In R. Rajagopal v. State of Tamil Nadu (1995), the Supreme Court extended the “actual malice” standard (from NYT v. Sullivan) to civil defamation and rejected prior restraint, noting that a strict liability regime would generate a chilling effect on freedom of speech. As Kunal Kamra’s satirical remarks regarding Maharashtra Deputy Chief Minister Eknath Shinde as a “traitor” in his new video of the show ‘Naya Bharat’ come under his right to freedom of speech, the problem arises when this right is robust but not absolute. The Supreme Court has repeatedly emphasised that the core of Article 19(1)(a) protects even unpopular or offensive ideas. As the Court put it in Shreya Singhal v. Union of India (2015), it struck down Section 66A of Information Technology Act (ITA) as it was limiting all form of free speech in the internet as it couldn’t make a proper distinction between “mere discussion or advocacy of a particular cause howsoever inconvenient and the type of free speech that actually incites harm to a person’ s reputation”. It can be inferred from the Court’s judgment that the restrictions like those in Article 19(2) must have a proximate nexus to preventing imminent disorder or actual defamatory injury. This means that satire or harsh criticism done by Kunal Kamra should be constitutionally permissible unless it violates a well-defined law that genuinely serves a public purpose. This did not happen in Kunal Kamra’s case, as in no way does he show ‘clear malicious intention’ to defame Eknath Shinde.

Since the time of independence, Satire has been a constant tool used to question authority. It has evolved over the years, taking up the function of becoming the defender of democracy and social justice. The problem in the current India is how comedy or satire is being suffocated by censorship and bigotry. As observed in the case  Ram Jethmalani v Subramaniam Swamy, “if a person is under fear of being sued, he may not express himself freely on public issues, and this would eventually lead to chilling of public debate”.Likewise, even in Petronet v. Indian Petro (2009), the courts deemed it contrary to the public interest to allow government bodies to bring defamation claims, since it could lead to self-censorship and weaken democratic accountability. As we see that overuse of defamation suits also will “inevitably has a chilling effect” on expression. India’s democracy is under threat if many comedians like Kunal Kamra, in fear of defamation liability self self-censor their views, which may lead to the gradual disappearance of more political satire artists who play a major role in expressing dissent and discussion.

Misuse of Criminal Defamation Laws to Silence Comedians

In India, defamation exists both as a civil wrong and as a criminal offence under Section 499 IPC (now Section 356 of the Bharatiya Nyaya Sanhita). Over the past decade, this criminal provision has been repeatedly misused against comedians such as Tanmay Bhat, for mimicking APJ Abdul Kalam, and Vir Das, for his monologue “Two Indias.” These comedians have been arrested or had shows cancelled not because of genuine reputational harm, but due to discomfort caused to powerful political leaders. In Subramanian Swamy v. Union of India (2016), the Supreme Court upheld the constitutionality of criminal defamation but stressed it should be used with “care” and only where there’s a clear “intention to harm.” The Court conceded that civil remedies might suffice but still preserved criminal sanctions, emphasising that reputation is part of the right to life under Article 21.

Despite this judgment, the misuse of criminal defamation suits against comedians continues till date. Even the 22nd Law Commission, in Report No. 285, endorsed criminal defamation as a reasonable restriction despite there being cases where civil suits are enough. However, this position risks suppressing dissent under the guise of protecting reputation. Liberal democracies like the U.S. and the U.K. require public figures to prove “actual malice” or “serious harm” before succeeding in defamation claims. India, instead, has seen a growing trend of criminal cases being filed against comedians with no evidence of malicious intent, contributing to a culture of fear and self-censorship. The problem deepens when defamation cases are accompanied by threats and violence. Kamra has faced vandalism by Shiv Sena members, forcing him to relocate, simply for voicing political criticism. Other comedians have faced arrest or show cancellations for mocking politicians or referencing religious symbols. This illustrates that the threat is no longer limited to legal harassment but extends to physical intimidation and the safety of these comedians and their families. Every citizen in this country must take this seriously, or else the threat to free speech will spread widely, putting everyone’s rights at risk.

Conclusion

There exists a very thin line of difference that determines if the words are defamatory or not. The time has come for India to widen this line and determine the boundaries so as to protect both the reputation of citizens and the right to free speech. Compared to other democracies, India’s legal framework remains inadequate to protect the rights of comedians who are using political satire as not just an art but a tool of activism. The controversy surrounding Kunal Kamra is emblematic of a broader struggle over the boundaries of free speech in India. India must decide whether it wants to uphold its constitutional commitment to pluralism and dissent or continue on a path where satire is criminalised and freedom of speech is ornamental.

Author’s Bio:

The author’s name is Sai Ruchitha. She is currently studying the 2nd year BBA LLB at O.P. Jindal University. As a young voice, she is challenging the boundaries of permissible speech in a generation where even memes or even mic drops can be our basic fundamental right of speech and expression.

Image Source:https://images.app.goo.gl/donjJgjTFrCHw1gj6