The Kerala High Court has held that cartoonists are part and parcel of the press and are entitled to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India, Bar and Bench reported.
A judgment was reportedly passed on a petition by the printer, publisher and several editors of leading Malayalam daily Malayala Manorama, seeking to quash the criminal proceedings initiated against them over a cartoon depicting Mahatma Gandhi and the Tricolour. A complaint was filed by the Edakkad area committee BJP general secretary who alleged that the cartoon, published on the occasion of India’s 70th Independence day, was offensive.
Quashing the case, the court noted that there was no intention to insult national honour. “I am of the considered opinion that it is one of beautiful picturisation of the 70th Independence anniversary for which the cartoonist deserves encomium,” the court said, according to the report.
Justice P V Kunhikrishnan reportedly noted that an effective caricature created by cartoonists with observation skills, creativity, technical skills and knowledge of current events and cultural conflicts, can create powerful visual commentary that engage, provoke and inspire the masses, according to the report.
“R K Laxman, Shankar, O V Vijayan etc., are some of the famous Indian cartoonists. Pandit Jawaharalal Nehru, the first prime minister of India was known for his appreciation of cartoonist Shankar’s work...Panditji once said ‘Don’t spare me Shankar’ encouraging the cartoonist to continue his sharp criticism through his art. Panditji believed that cartoons like Shankar’s played a vital role in a democratic society holding leaders accountable and sparking important discussions. Therefore, the cartoonists are also part and parcel of the press and media, and the cartoonists are also entitled to the freedom of expression guaranteed by Article 19(1)(a) of the Constitution,” read the judgment, according to Bar and Bench.
However, the court reportedly clarified that this freedom of expression is subject to reasonable restrictions under Article 19(2) of the Constitution, which permits the state to impose limitations in the interest of sovereignty and integrity of India, public order, etc.
The cartoon reportedly showed Gandhi and the Tricolour drawn in a manner to resemble the number 70. The top of the flag, which is saffron in colour, was outlined in black, and the complainant alleged that this line was added to dishonour the flag.
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