SC flags cartoonist’s post on Modi, RSS as ‘inflammatory’; questions ‘maturity’ and intent

The Supreme Court on July 14 came down heavily on Madhya Pradesh-based cartoonist Hemant Malviya, calling his controversial social media post on Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers “inflammatory” and questioning whether artists, including comedians and cartoonists, should exercise greater restraint.

A bench comprising Justices Sudhanshu Dhulia and Aravind Kumar, hearing Malviya’s plea challenging the Madhya Pradesh High Court’s denial of anticipatory bail, asked pointedly whether he was prepared to delete the post — a suggestion the 50-year-old cartoonist agreed to.

Justice Dhulia observed sharply, “Comedians, cartoonists... look at their conduct,” before adding, “Still no maturity. We agree that it is inflammatory.”

Malviya had been booked under multiple sections of the Bharatiya Nyaya Sanhita and the IT Act following a complaint by one Vijay Joshi, who accused him of sharing “deliberately provocative” images and comments on Facebook aimed at inciting hatred against the RSS and defaming Prime Minister Modi. The posts, Joshi alleged, also contained derogatory references to Lord Shiva and were calculated to stir communal tensions and provoke violence.

The cartoon in question, originally drawn in 2021, questioned the safety of Covid vaccines and was recently revived online amid discussions around the government's decision to conduct a caste census. Malviya had reshared the post along with comments originally added by another user.

Advocate Vrinda Grover, representing Malviya, argued that the cartoon was a satirical take on public messaging during the pandemic and had not caused any law-and-order disturbance in the years since. “It got revived by someone else… the words are not mine, only the visual is mine,” she clarified, adding that Malviya had no intention to incite unrest.

However, Additional Solicitor General K M Nataraj, representing the Madhya Pradesh government, pushed back strongly, warning that such content was capable of “causing social disharmony and a breakdown of law and order.” “This is happening all over the country — these kinds of posts are triggering,” he submitted.

The court is expected to resume hearing the matter on July 15.