SC Grants Protection to Cartoonist Hemant Malviya Over Objectionable Posts on PM Modi and RSS
In a major development concerning freedom of speech and social media content, the Supreme Court of India on Tuesday granted interim protection from arrest to cartoonist Hemant Malviya, who is accused of sharing allegedly objectionable content targeting Prime Minister Narendra Modi and RSS (Rashtriya Swayamsevak Sangh) workers.
The bench, however, issued a clear warning: if Malviya continued to post such material, the state would be free to take action as per law.
What Did the Supreme Court Say?
A bench of Justices Sudhanshu Dhulia and Aravind Kumar heard the case. While granting relief, the judges expressed serious concern over the quality and tone of public discourse on social media.
“Log kisi ko bhi, kuch bhi keh dete hain (People say anything to anyone),” the court observed.
The bench further noted that freedom of speech was being abused, calling for greater sensitivity while exercising constitutional rights.
Why Did Malviya Approach the Supreme Court?
Cartoonist Hemant Malviya approached the apex court after the Madhya Pradesh High Court rejected his anticipatory bail plea on July 3, 2025.
The case arises from an FIR registered at Lasudiya Police Station in Indore in May 2025, based on a complaint filed by Vinay Joshi, a lawyer and RSS member.
The complaint accused Malviya of:
- Hurting religious sentiments of Hindus
- Disturbing communal harmony
- Posting objectionable cartoons and content targeting PM Modi and RSS
What Did the FIR Allege?
According to the FIR, Malviya posted multiple cartoons, photos, and videos mocking political and religious sentiments, including remarks related to:
- Lord Shiva
- Prime Minister Narendra Modi
- RSS workers
- Religious symbols
The complaint also cited Section 67-A of the IT Act for allegedly publishing sexually explicit material, though specifics were not detailed in open court.
Laws Invoked in FIR Against Malviya
The police invoked stringent sections of the Bharatiya Nyaya Sanhita (BNS) and IT Act, including:
- Section 196 BNS: Acts prejudicial to community harmony
- Section 299AA BNS: Malicious acts intended to outrage religious feelings
- Section 352 BNS: Intentional insult with intent to provoke breach of peace
- Section 67-A IT Act: Publishing or transmitting sexually explicit material
These charges, if proven, carry serious legal penalties, including arrest and imprisonment.
What Was Malviya’s Defence?
Representing Malviya, senior advocate Vrinda Grover made several key arguments during the hearing on July 14, 2025:
- The controversial cartoon dated back to 2021, during the Covid-19 pandemic.
- She acknowledged that the cartoon might be in poor taste, but argued it did not qualify as a criminal offence.
- “It may be unpalatable. Let me say it is in poor taste. But is it an offence?” Grover questioned the legal threshold.
- She further assured the court that Malviya would delete the controversial content.
‘Freedom of Speech Is Being Abused’: SC Reacts
Justice Dhulia made a critical observation during the proceedings:
“Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused.”
The court hinted at a wider debate over social media accountability, public decency, and legal boundaries of expression in the digital era.
MP Government’s Stand
Additional Solicitor General K M Nataraj, appearing on behalf of the Madhya Pradesh government, strongly opposed the relief plea.
He stated:
- This was not an isolated incident by Malviya.
- The issue was not just immaturity, but something that had more serious social consequences.
The Bigger Picture: Social Media & Limits of Expression
This case reignites the ongoing national debate over freedom of expression vs hate speech on digital platforms.
With courts increasingly hearing cases of “offensive” memes, cartoons, and posts, the line between satire and slander, humor and hate, continues to blur.
While India’s Constitution guarantees free speech, it is subject to reasonable restrictions in the interest of public order and morality. This case tests those limits.
What’s Next for Hemant Malviya?
For now, Malviya has interim protection from arrest, but the case is far from over. The Supreme Court has not quashed the FIR, and investigation by police continues.
The next hearings may set legal benchmarks for social media expression, religious sensitivity, and the application of new BNS laws introduced recently in India.
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