Justice PV Kunhikrishnan 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.
The judge also reflected on India’s rich tradition of cartoonists and the respect they used to enjoy even from the very leaders they used to caricaturise, including former Prime Minister Jawaharlal Nehru.
“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,” the Court’s judgment stated.
However, the Court 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.
Source: Barandbench
