India’s Top Court Unconvinced in Hemant Malviya Free Speech Case
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India’s Supreme Court rebuffed a plea for anticipatory bail filed on behalf of Indian cartoonist Hemant Malviya. Malviya faces charges of “promoting enmity and disturbing public harmony” and “publishing sexually explicit content online” after he re-shared a Facebook post in May 2025. That post, originally shared by another user, included one of Malviya’s cartoons—first published in 2021—along with commentary criticizing the government’s decision to conduct a caste census. Authorities allege the accompanying remarks were objectionable and inflammatory.
The original 2021 cartoon depicted a member of a Hindu nationalist volunteer organization bending over with a sliver of exposed buttocks, while Prime Minister Narendra Modi, was shown with a stethoscope, administering a Covid Vaccine injection.
To a lower court, Malviya’s counsel had argued that the cartoon was free expression and the public was free to use his cartoons to make personal comments.
The Petitioner after being made aware of the use of his earlier cartoon shared the same to demonstrate that his cartoons are open and free to be used by the public with their name and any personal opinions and socio-political comments they would like to post. He also highlighted that his cartoons are meant for public good and devoted to the public, who are the ultimate custodians of his work and therefore can use them as their own.
The High Court was unconvinced. According to The New Indian Express:
The High Court, in its five-page order, noted that Malviya’s depiction of the Rashtriya Swayamsevak Sangh alongside the Prime Minister, combined with his endorsement of a derogatory comment, constituted a deliberate and malicious act intended to provoke and insult. It stated that his conduct could not be considered to have been carried out in good faith or taste.
Returning to today’s Supreme Court hearing, Malviya’s counsel argued the cartoon was perhaps “unpalatable or in poor taste” but it was not offensive. Justice Dhulia responded that in this case, “the freedom of speech and expression is being abused.”
Malviya’s counsel told the court today that the cartoonist had agreed to take down his cartoons and asked the justices to grant him interim protection from arrest until they rule. The Supreme Court denied that request, stating that they would hold a hearing tomorrow.
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