Infamous comedian Kunal Kamra has found himself facing a series of cases after a stand-up act he did in which he poked fun at former Maharashtra Chief Minister Eknath Shinde. The stand-up act in itself wasn’t really derogatory in any sense in that was such a speech to be made at a political rally, it would have been considered run-of-the-mill political potshots as are currently common between rival political parties.
Instead, the studio where the act was performed was vandalised by a mob of supporters allegedly owing allegiance to Shinde and subsequently subjected to bulldozer action by the local authorities. All this simply points to the state functioning not as one that is beholden to uphold the rule of law and the Constitution but as a mob in which the might of the state is simply being used to bully and silence dissent.
Coincidentally, the same week that the attack happened, the Supreme Court in a verdict that will hopefully send ripples across the country, quashed a case filed against a Congress MP and emphasised that protecting citizens' fundamental rights is the court's duty, particularly when it comes to freedom of speech and expression. "Even if a large number of persons dislike the views expressed by another, the right of a person to express the views must be respected and protected. Literature, including poetry, drama, films, satire, and art, make the life of human beings more meaningful," the bench, which consisted of Justices Abhay S Oka and Ujjal Bhuyan, said.
However, as we’ve seen time and again, the Supreme Court’s judgements and observations -- especially when it comes to stalling unauthorised demolitions using bulldozers as a means of punishment for whomever the state chooses to act against -- have been ignored with impunity.
The actions of the mob, and the state acting as the mob are no accident. They are well-calculated moves to drive fear into those who they perceive to be attempting to belittle them with satire or other creative forms of dissent. Yet, despite the Supreme Court’s observations and judgements, we continue to see several statutory authorities including the police, lower courts, etc failing to stand up for the Constitution they have sworn to uphold. Instead what we see is that the law enforcement authorities are simply following the dictates of their political patrons and registering cases despite knowing very well that there is no case made out.
The need of the hour then, is a system that can hold the police and other law enforcement authorities liable for such action. No sooner are the police vulnerable to being sued and in a position where they have to compensate for registering a false case or for making an illegal arrest, then they will behave more responsibly with upholding the law in its true spirit rather than simply becoming a tool in the hands of the political class. The same goes for municipal authorities who have been conducting borderline illegal demolition drives solely targeting the homes of those accused of crimes especially if they belong to a minority community.
More than this, these attacks are not attacks on the individual comedian, dissenter or protester. They are attacks on the idea of India and attacks on Indian institutions. If India is to become a strong and prosperous country it is going to need robust institutions and not institutions beholden to upholding the image or power of one political party or individual.
