To Laugh Out Loud: How Indian Comedians are Keeping Free Speech Debates Alive

While state action against the show run by comedian Samay Raina, India’s Got Latent, was under process for airing ‘obscene’ remarks, another controversy erupted at the same location, involving another comedian. A mob vandalised the Habitat studio, a famous art venue, and threatened more direct violence at comic Kunal Kamra for calling Maharashtra Deputy CM, Eknath Shinde, a ‘traitor’ in his comedy routine.

Civic authorities also suddenly showed up the following day and demolished some parts of the building that they found illegal. Now, reports say that some audience members who were at the show have also been summoned by the police as witnesses. 

In the last decade, there have been many such episodes where comedians have come under great degree of threat. Yet, comedy has emerged as that unlikely spark that reignites conversations in our democratic republic on why free speech is important.

If one begins to list the major episodes, one can start with the spate of FIRs against the former comedy collective AIB’s roast event in 2015. Its use of profanity was dubbed a threat to Indian values. The next year, AIB member Tanmay Bhat again offended some people with his snapchat spoof on Indian icons, Lata Mangeshkar and Sachin Tendulkar. 

In 2020, Agrima Joshua was at the receiving end of death and rape threats for a stand-up video where she allegedly made jokes on widely revered Chhatrapati Shivaji. Though within her rights either way, in reality, she had only targeted claims on Quora about an upcoming Shivaji statue – not the ruler himself. 

Then, in 2021, a major controversy broke out when Munawar Faruqui apparently made indecent jokes on Hindu Gods. Faruqui was arrested in Indore ahead of a show. Later in 2021, Vir Das was berated for a satirical line in his widely-recognised patriotic poem, Two Indias, delivered at his comedy show in the US. The poem caused much anger among some political circles for allegedly maligning India’s image abroad. 

The same year, Kamra and Faruqui also had to cancel some of their shows in different cities because right-wing groups threatened their events with violence while state authorities assured no protection.

Also read: The Targeting of Kunal Kamra is the Latest Instance of the State's Humourless War on Satire

Before this Shiv Sena mob in the ongoing Kamra controversy, The Habitat has been vandalised by MNS workers in 2020 too after Agrima Joshua’s video went viral. The reason was the same – that Joshua had performed her stand-up there.

Back then, Maharashtra was governed by the Maha Vikas Aghadi coalition – which included the former united Shiv Sena, former united Nationalist Congress Party (NCP) and the Congress. The then home minister, Anil Deshmukh of the NCP, who spent months in jail on corruption charges later, had publicly asked police authorities to take speedy action against Joshua.

With the BJP and its alliance partners now at the helm, the approach seems a bit more intense. The state apparatus is being more proactively used to harass comics, as seen in the Latent row and now with Kamra; proving the point that every party respects free speech only in rhetoric and not in practice.

It is stand-up comedians who have most starkly brought out this hypocrisy. Besides being relatable and entertaining, Indian stand-up has also been socio-political, intelligent and biting. In India, it has dealt well with women’s issues, political satire and even incorporated LGBTQ+ narratives. While it still needs to improve on its caste discourse, and is by no means perfect, it has been receptive to criticism which comes both from inside and outside the industry, because that’s how free speech works. With its provocative tenor, Indian stand-up has managed to push the boundaries of creativity and permissibility at every step. 

Similarly, the controversies surrounding stand-up comedians have repeatedly demonstrated how law codes and constitutional exceptions are manipulated by the state to trample the freedom of speech and expression. That some sections of society support this persecution reveals that understanding and appreciation of free speech is not yet deep at the societal or political level in India. Few accept that it extends beyond unproblematic speech and also includes the right to ‘offend, shock, or disturb’, as the European Court of Human Rights famously remarked in 1976. 

Engagement with political theory can then be helpful in emphasising the value of freedom of speech and expression. To borrow political philosopher J.S. Mill’s utilitarian spirit, it enables the pursuit of truth through dialogue, mistakes, innovation, and criticism. Ideas that benefit humanity sometimes shatter worldviews first. Therefore, Mill insists that the freedom of expression should be protected from the tyranny of the majority which readily persecuted even Socrates and Jesus. 

Mill also warns that the truth becomes dogma if it isn’t allowed to be challenged from time to time. Even if one individual disagrees with the entire humankind, they should be allowed to do so. Otherwise, we rob ourselves of the opportunity to know the truth and drive our society forward.

With its provocative tenor, Indian stand-up has managed to push the boundaries of creativity and permissibility at every step.

Other theorists emphasise that free speech keeps democratic governments accountable and grants them legitimacy. For decisions taken without deliberations and possibility of feedback from everyone can’t be considered legitimate in a democracy. There are also those who vociferously defend it on grounds of individual autonomy. It’s an assault on individual agency if a political regime or fellow citizens arrogantly start deciding which information, opinion, or art is fit for public production and consumption. The harassment and intimidation tactics to silence basic criticisms of those in power goes against all these principles. 

This doesn’t mean that free speech shouldn’t have restrictions – but they ought to be narrow and specific. For example, fraud and direct incitement to violence are generally agreed to be outside the scope of free speech rights. Importantly, absolutists even forbid regulation of hate speech because letting the state decide what constitutes hate speech is also a dangerous and slippery slope towards authoritarianism. 

As long as it doesn’t foray into explicit threats or real acts of violence, even the outrage over jokes is covered within free speech. However, that is currently a high ask in India, where jokes can lead to comics getting rape and death threats, goons vandalising venues and the state apparatus hounding, instead of protecting, the comics. 

The hope remains that these visible uproars make citizens and especially, the newer generations, more aware of the importance of free speech. And that in future, it is valued more and guarded better in India. 

For now, one must thank comedy for spurring these regular conversations on free speech, and for reminding us that those in power are scared of being laughed at.

Harsh Sharma is a researcher and is pursuing his PhD at the Department of Political Science, Panjab University, Chandigarh.

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