“Satire makes life more meaningful…”: Supreme Court on Freedom of Speech Amidst Kunal Kamra Joke Row

The Supreme Court on Friday quashed an FIR filed by the Gujarat Police against Congress MP Imran Pratapgarhi over a provocative song he shared, emphasising the importance of protecting citizens’ fundamental rights, particularly the right to freedom of speech. This comes amidst a massive row that has erupted over stand-up comedian Kunal Kamra's recent satirical set allegedly targeting Maharashtra Deputy Chief Minister Eknath Shinde.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan underscored the vital role that literature, including poetry, drama, films, satire, and art, plays in enriching human life. "Even if a large number of persons dislike the views expressed by another, the right of person to express the views must be respected and protected. Literature, including poetry, drama, films, satire and art, make the life of human beings more meaningful," observed the bench.

Imran Pratapgarhi, the national chairman of Congress' minority cell, appealed the Gujarat High Court's January 17 ruling, which dismissed his petition to quash an FIR filed against him. The FIR, filed on January 3, accused Pratapgarhi of sharing an allegedly provocative song linked to a mass marriage function in Jamnagar. The charges include Section 196 (promoting enmity between groups) and Section 197 (imputations prejudicial to national integration) of the IPC. The 46-second video, posted on social media, shows him walking under flower petals with the song playing in the background, which the FIR claims is offensive and undermines national unity and religious sentiments.

The Supreme Court's ruling comes in the midst of protests sparked by comedian Kunal Kamra's recent stand-up routine, which stoked a massive debate in Maharashtra's political landscape. The performance, uploaded to YouTube and Instagram, led to the vandalism of a Mumbai venue. Kamra’s commentary on the Shiv Sena-NCP split and the confusion in Maharashtra's elections angered supporters of Deputy Chief Minister Eknath Shinde. In his act, Kamra allegedly mocked Eknath Shinde without naming him, drawing attention to the chaos with satirical remarks and a parody song. The incident has ignited debate over free speech in India, with threats against Kamra and an FIR filed against him. Shiv Sena leaders were also detained for their role in the venue vandalism, however, they were released on bail soon after.​