ABSTRACT
Not many days prior a cartoon became a web sensation based on the corona pandemic where Donald Trump is threatening Narendra Modi to supply the Hydroxychloroquine medications to America. So this article centers around (can a cartoonist be punished) and if yes, under which provisions and what are the laws which empower the cartoonist.INTRODUCTION
The term cartoonist here mostly delineates those artists who make personification against a political party or a pioneer or the nation and attempt to communicate. We all must have come across these types of caricature-like1. Donald Trump with his hair styled like a weapon.
2. Our national emblem with a face of a wolf.
Which is very controversial in nature and may land the illustrator behind the bars?
THE CARTOONIST AND THE CODE
For the most part, at whatever point a visual artist is charged they are charged under these two provisions for making disputable caricature and they are:
1. Section 124A of IPC, 1860*1
Sanskar Marathe V. State of Maharashtra*2
In this case, an artist named Asim Trivedi made a disputable personification of the national emblem was the national emblem had the substance of a wolf with blood dripping from his mouth and rather than Satyamev Jayate composed Bhrashtmev Jayate. For this, he was arrested and charged with sedition yet the advocate general of Maharashtra requested that the police to drop the charges since it might instigate people in general because of Anna Hazare's movement and so was done.
After this case, a PIL was recorded in the Maharashtra High Court scrutinizing that can a cartoonist be charged under Section 124A?
The Hon'ble Court cited an instance of Supreme Court 'Kedar Nath v. State of Bihar' and held that unless the accused incited violence by their speech or action it would no longer constitute sedition. As it would otherwise violate the right to freedom of speech and expression.
2. Section 499 of IPC, 1860*3
Karna v. M Jothisorupan*4
In this case, 3 members of a family burnt themselves alive in the collector's office. In view of this social issue, a cartoonist named G Bala made a cartoon delineating the Nellai's collector, commissioner, and CM as completely bare with their private organs been covered with cash. On this, the political party recorded a case of defamation against the artist.
The Court held that the visual artist must work with no restraint. He ought not to be under any pressure that his caricature will be trailed by a criminal prosecution. Although a cartoonist must not do whatever satisfies him.
The court highlighted the 9 exceptions of Section 499 of IPC. The court held that it's anything but slander to communicate in good faith any opinion respecting the conduct of a person touching any public question, respecting his character so far as his character appears in that conduct, and no further. Thus the cartoonist was acquitted.
THE INDIAN CONSTITUTION AND THE CARTOONIST
The law which the cartoonist takes in their defense is Article 19 of the Constitution
which states that
19. 1. All citizens shall have the right. *5
a. To freedom of speech and expression
Article 19 (1) A gives us the freedom of speech and expression. The expression can be in different ways like speaking, writing, gesturing, and even virtually. Thus, if we talk about cartoons it is also a part of an expression and is protected in Article 19.
g. To practice any profession, or to carry on any occupation, trade or business Thus, if making cartoons is a cartoonist’s profession, it’s hard to curtail it because it may violate Article 19 unless specifically provided in the restrictions.
The restrictions also say that unless the cartoons affect the integrity and sovereignty of India or affects the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. It cannot be curtailed.
CONCLUSION
Hence it is clear that the cartoonist has no license to defame but also a cartoonist cannot be charged because of their way of expression if they are working within the ambit of Article 19 and other statutes.
This Article is written by Sourav Suman. He is currently pursuing his B.B.A.LL.B.(Hons.) at Chanderprabhu Jain College of Higher Studies and is in his second year.
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