Supreme Court Flags ‘Objectionable’ Cartoons on PM Modi, RSS as Misuse of Free Speech

Rapid Summary

• Supreme Court Proceedings: On July 14, 2025, the Supreme Court addressed a plea by cartoonist Hemant Malviya seeking anticipatory bail after being accused of posting objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media.
• Remarks on Freedom of Speech: A bench comprising Justices Sudhanshu Dhulia and Aravind Kumar expressed concern about the abuse of freedom of speech and expression during the hearing.
• Defense Argument: Advocate Vrinda Grover argued that while the cartoon may be deemed offensive or in poor taste, it is not a criminal offense under law. She also highlighted personal liberty concerns and agreed to delete Malviya’s post.
• Prosecution Standpoint: Additional Solicitor General K.M. Nataraj stated such actions were repetitive, alleging they exceeded immaturity and were impactful at a broader societal level.
• Legal Background: the case stems from an FIR filed in Indore by RSS worker Vinay Joshi alleging communal disharmony, hurt religious sentiments (including remarks concerning Lord Shiva), and tarnishing RSS’s image through social media posts dating back to May 2021 during the COVID pandemic era.
• Charges & Laws Invoked: The FIR includes charges under Bharatiya Nyaya Sanhita Sections 196, 299, & 352 alongside Section 67-A of the IT Act for alleged indecent material targeting religious sentiments.
• Upcoming Hearing: The bench deferred its decision to July 15 but did not grant interim relief as requested.

Indian opinion Analysis

The case highlights ongoing tensions between artistic expression under constitutional protections versus legal frameworks designed to safeguard communal harmony and individual reputation. While the Supreme Court acknowledged potential abuse of freedom of speech in this instance, Ms. Grover’s defense raises valid questions about what constitutes offense legally versus morally-a pivotal distinction for cases involving personal expressions online.

This scenario could have wider implications for India’s evolving digital rights landscape amidst increasing polarization around issues intersecting speech freedoms with religious sensitivities or political affiliations online-a delicate balance requiring nuanced adjudication free from any societal bias moving forward.

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