‘I am willing to co-operate with the police and courts for any lawful action taken against me. But will the law be fairly and equally deployed against those who have decided that vandalism is the appropriate response to being offended by a joke?‘
This was the response of Comedian Kunal Kamra earlier this week after the proponents of Shiv Sena, the right-wing Marathi regionalist Hindutva-influenced political party in Maharashtra, vandalised The Unicontinental Mumbai Hotel office – Habitat comedy club based in Khar Mumbai – where the comedian performed a show in which he sneered the Maharashtra Deputy Chief Minister Eknath Shinde as a “traitor” (Gaddar), however, without mentioning the name of the politician.
According to the video, Kunal, without any explicit reference, satirically used a song from the Bollywood film Dil To Pagal Hai to indirectly refer Eknath’s decision that split the party and dismantled Shiv Sena leader Uddhav Thackeray’s government.
The video of the show was posted on YouTube. According to the video, Kunal, without any explicit reference, satirically used a song from the Bollywood film Dil To Pagal Hai to indirectly refer Eknath’s decision that split the party and dismantled Shiv Sena leader Uddhav Thackeray’s government.
The wisecrack raged fundamentalists of Shiv Sena resulting in an attack. According to media reports, an angry horde, donning scarves of the Shiv Sena party logo, barged in at the performance venue in Mumbai and wrecked chairs and other parts of the enclosed space demanding an FIR against the stand-up comedian. According to the NDTV reports, Kunal has received more than over threat 500 calls, including calls to ‘kill and cut him into pieces‘.
While there is little emphasis in the Indian mainstream media against a deliberate destruction case by the mob that attacked the performance venue, a defamation case against Kunal is gaining prominence. The case was filed at the Khar Police Station in Mumbai by Shiv Sena MLA Murji Patel. The stand-up comedian has received two notices in a row, issued by the Mumbai Police, to appear before the interrogators. According to a report, an FIR has been registered against Kunal at the Dombivali Police Station as well.
Shiv Sena leaders and their intolerance towards a wisecrack by Kunal Kamra
Shiv Sena leader Eknath Shinde took the wisecrack way too seriously saying, ‘There should be a decorum while making a joke, or else the action can cause a reaction.‘ The Deputy Chief Minister also spoke about the freedom of speech – the right to express opinions – saying it exists, however, there should be a “limit” to cracking a joke. Other veterans of Shiv Sena like Maharashtra Chief Minister Devendra Fadnavis showed explicit frown at the stand-up comedian asserting Kunal should apologise for “insulting” the Deputy CM.
Other veterans of Shiv Sena like Maharashtra Chief Minister Devendra Fadnavis showed explicit frown at the stand-up comedian asserting Kunal should apologise for “insulting” the Deputy CM.
The intolerance towards a joke – that did not even mention Eknath’s name, only indirect reference – was witnessed when Maharashtra CM used words like, “urban-Naxals” and “Left-liberals” and raged that these incidents should teach them a “lesson”. Shiv Sena spokesperson Krishna Hegde has been affected by this joke to a different level of extent that he went on record to say, ‘Kamra’s words have insulted the people of Maharashtra. Mumbai police should take Kunal Kamra into custody, arrest him, lock him up behind bars and open a case against him.’
Another party confederate Naresh Mhaske frowned by saying, ‘Let alone Maharashtra, you won’t be able to roam around in all of India,’ in a video statement. Various other Shiv Sena compatriots and Mahayuti leaders – a political coalition in Maharashtra – have also demanded action against Kunal. Reports claim that these supremacists have also threatened him over a joke.
Right to expression, Article 19(1) and the right to tell a joke
Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression. It states that all the citzens of the country have the right to express themselves in terms of liberty of thoughts and opinions either through verbal expression, writing, printing, documenting or depicting it through a cinematic lens. It includes freedom of the press and commercial speech, the right to criticise, broadcast and information.
The Indian Constitution also contains Article 19(2) that grants permission to the government (in power) to impose “reasonable” curtailments on freedom of speech and expression if it hampers the sovereignty and integrity of the country, affects the security of the country, friendly relations with foreign nations, bothers public order, comes under the category of decency or morality, contempt of court, defamation of Incites an offense.
Another party confederate Naresh Mhaske frowned by saying, ‘Let alone Maharashtra, you won’t be able to roam around in all of India,’ in a video statement.
However, in the case of Kunal Kamra’s political parody, a joke that does not even explicitly direct someone’s name – Eknath Shinde – on what basis did the Shiv Sena ransack a performing artist’s workspace And on what basis did the party leaders file a defamation case against him and not for vandalising public property Habitat Comedy Club?
Meanwhile, the latest report claims Shiv Sena leader Rahool Kanal, who was earlier held for damaging public property at the comedy centre over Kunal Kamra’s wisecrack, has now made a hard-hitting statement claiming the comedian receives “terrorist funding” to promote content against the government. ‘The largest economy in the world is not digested by one and all.. so get such puppets like Kunal Komra and fund him with terrorist funding, support him and run it smoothly damaging the integrity and law n order of our country and the state,‘ the man behind the ransack wrote on X.
Comedy and comedians under threat in India: the case of Kunal Kamra
Kunal Kamra, a political satirist and stand-up comedian has in the past as well been part of political threat as his humor has persistently centered around Indian politics and politicians. In 2022, one of his shows in Gurugram, Haryana, was canceled citing threats from Vishwa Hindu Parishad (VHP), the right-wing Hindu organisation based on Hindu nationalism, and Bajrang Dal, Hindu nationalist militant organisation that makes the young wing of the VHP.
In 2020, the comic artist was prohibited from traveling for six months by IndiGo Airlines for a confrontation with television news anchor Arnab Goswami in which Kunal confronted the TV anchor for his journalistic practices. In such circumstances, how safe is comedy in India and how safe are comedians in India?
Kunal has taken a clear stance on the unnecessary controversy writing on social media, ‘Our right to freedom of speech and expression is not only to be used to fawn over the powerful bd rich. Your inability to take a joke at the expense of a powerful public figure does not change the nature of my right. I will not apologize. I do not fear this mob and I will not be hiding under my bed, waiting for this to die down.‘
On the other hand, he has stated he is going to cooperate with the police and court, which clearly states he is not scared but are the extremists ready to take humour as humour? No.
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