This article explores the current struggles of standup comedians. Comedy and Humour have been a part of human society for centuries, in the form of Satire, parody, dark comedy, folk comedy, political comedy, romantic comedy and even standup comedies. With the popularity of social media and internet, the scope and popularity of this art form have further widened. But now the tables have turned in such a way that these comedians are continuously targeted through online platforms. Lack of clear boundaries between humour, hate speech and public order create misuse of laws related to criminal defamation. Now, we are seeing situations where a joke can lead to a criminal action even before being publicly delivered. It highlights the current plight of standup comedians. Nowadays standup comedy has evolved into a mainstream platform for social and political critique. In addition to its popularity, they face extreme threats including online abuse, harassment and even life threats. As we all know, our Constitution provides fundamental freedoms and rights to all its citizens, and this right applies to comedians also. So, we need to examine the factors leading to this outrage and the constitutionality of the legal actions taken against these artists.
Keywords: Standup comedy, Freedom of Speech, Outrage, social media, Legal action
Introduction
“Everyone claims to support free speech and praises its importance almost daily. However, for some, free speech means they can voice their opinions freely, yet they take offense when others respond or disagree with them”1. These Words by Winston Churchill captures a fundamental issue that increasingly defines the state of free speech in modern democracies, including India. Article 19(1)(a)2 of the Constitution of India grants every citizen the right to freedom of speech, ensuring it is a universal right and not a special entitlement for those who wish to speak without facing any opposition or criticism. Unfortunately, the way things are unfolding today tells a different story. In recent times, there has been a noticeable pattern where stand-up comedians find themselves under constant attack, simply for cracking jokes about political leaders or raising sensitive political issues. Now this trend has gone to the extent that comedians are getting charged with criminal cases. They are getting FIRs, arrested, shows being cancelled, and even receiving life threats. The comedy stage, once a space for satire, dissent and criticism, is now being viewed as a battleground where freedom of speech collides with political sensitivities. The use of state machinery and political influences to suppress these voices is a concerning issue. So, the main question here is, are comedians truly crossing the lines of free speech, or are the government and other political agencies going ultra vires by hindering the free speech of the citizens.
The Constitutional Safeguard
The makers of the Indian constitution have given utmost importance to the freedom of its citizens which they gained from the British by fighting them with their sweat and blood. Especially the Freedom of speech and expression, which is a core concept of a democratic country, has been enshrined in our constitution by the makers with utmost care. This covers various forms of expressions, including written, spoken, gestures, artistic works etc. But Indian citizens do not have unlimited right to free speech and expression, as there are some restrictions. Article 19(2)3 has put some reasonable restrictions imposes reasonable restrictions and they intended to protect the both interests of nation and people. But the subjective interpretation of these terms is now becoming a powerful weapon which can be used to silence those who dissent, protest, speak the truth or simply joke. Those who speak the truth through artistic forms whether it is comedy shows or cinemas, are getting charged with criminal cases and getting arrested for defamation, outraging the religious sentiments, contempt of court etc. Several countries decriminalised defamation such as South Africa, New Zealand, Sri Lanka, UK, instead they gave a civil perspective for defamation. But India follows criminal defamation as a weapon against normal people mainly journalists, comedians, activists etc. So, the real question in front of us now is, how our fundamental right to free speech and expression is to be practiced and protected in a society, when that speech is inconvenient to those in power.
Comedy as a Social Critique
The use of comedy has been present since ancient times, stretching back to early civilizations where humour was used not only to entertain but also to critique power and society. In ancient Greece, playwrights like Aristophanes used satire to mock politicians and public figures, highlighting corruption and social hypocrisy. Over time, comedy evolved into a powerful form of social commentary adapting to cultural and political contexts. From street theatre and performances to modern day standup comedy shows, sitcoms, and other digital contents, comedy has been working as a reflection of the society, often highlighting its flaws and unspoken realities.
But now in this modern era, especially in democratic societies, comedy has gained renewed relevance as a voice of dissent and resistance. Through irony, sarcasm, and exaggeration, comedians bring public attention to major issues in society. As things stand today, comedy has become more than just entertainment. comedy does more than simply entertain people, it can be used as a way of expressing the general public’s feelings about the current power structure, societal norms, Political hypocrisies etc. It has the capacity to express and talk loud about very sensitive issues in a very humorous, satirical and non-threatening way. Throughout history, we can see that comedy has often served as a mirror, reflecting the truths that people may find too uncomfortable if they confront directly. By making people laugh at the injustice, inequalities and oppressions happening in the society, comedians help to normalise controversial issues that may otherwise remain suppressed. It also plays a significant role in forming public opinion as a sharp punchline can be more influential than a political speech. Moreover, in a diverse country like India where there are people from different cultures, comedy acts as a unifying force, bringing people together through shared laughter even amidst diverse backgrounds. However, the same influence that comedy has upon society also makes it a target. When satire starts to challenge and question the authority or and societal norms, it becomes a discomfort for those in power. And this discomfort can lead to censorship, legal actions, and silencing of voices that are essential to a healthy democracy.
High Profile Cases
MUNAWAR FARUQUI
2021 In January 2021, Munawar Faruqui’s show at Munro Cafe in Indore, Madhya Pradesh, was halted by a local Hindu extremist group. They accused him of disrespecting their religious sentiments. Faruqui was subsequently taken into custody under two provisions of the Indian Penal Code: Section 295-A, for allegedly intending to hurt religious sentiments, and Section 269, for negligent acts likely to spread disease-invoked in the context of COVID-19 regulations.
VIR DAS 2021
Vir Das, an Indian comedian, actor, and musician, delivered a line during one of his shows at WDC, America on November 2021, in this show he said that in India women are worshiped during the day and gangraped during the night -sparked controversy due to its stark contrast and criticism, leading to accusations of defaming his home country on foreign soil. After the monologue went viral, Das faced numerous complaints from politicians, with some even demanded for his arrest. In his Netflix special “Landing,” he reflects on how the controversy impacted his life.
KUNAL KAMRA V SC 2020
During one of his comedy shows, Kunal Kamra performed a parody of the Bollywood song “Bholi Si Surat,” in which he described Deputy CM of Maharashtra, Eknath Shinde as a ‘gaddar,’ (traitor). The act quickly went viral, resulting in multiple FIRs filed against Kamra, vandalism at the venue, and the partial demolition of the comedy club. Kamra did not apologize for the performance; instead, he defended his right to artistic freedom. This leads to a controversy between political satire and legal boundaries.
KAPIL SHARMA
Kapil Sharma is one of the famous comedians in India. He has been involved in several legal controversies over these Mainly in 2024 during an episode of The Great Indian Kapil Show, where a joke referencing Rabindranath Tagore sparked public backlash. A legal notice was issued claiming the remarks were disrespectful to the revered Bengali poet and hurt cultural sentiments. Earlier, another controversy arose when Sharma joked about pregnant women and pothole-ridden roads, suggesting the bumps could induce labour. This led to a complaint from a women’s rights group, which claimed the joke was insensitive. Public claim that these both instances hurt their sentiments.
KIKU SHARDA
Comedian Kuku Sharda in December 2015 spoofed Dera Sacha Sauda chief Gurmeet Ram Rahim Singh on a televised Comedy Nights with Kapil special led devotees to accuse him of hurting religious sentiments. Later he explained that this was really traumatic and shocking. He clarified that he was simply performing the script rather than intending to hurt someone. This case highlights the legal boundaries of satire in our country.
AGRIMA JOSHUA 2020
Agrima Joshua is a stand-up comedian, in July 2020 her old clip of joking about the proposed ₹3,600-crore for Chhatrapati Shivaji Maharaj memorial of Mumbai’s coast. The right-wing groups claimed that she insulted their Maratha hero. After Shiv Sena MLA’s complaint police registered an FIR under provisions 295A (deliberate insult to religious feelings). She faced several rape and death threats. This incident still comes up whenever people talk about standup comics, culture, or India’s laws relating to hate speech.
TANMAY BHAT
By the end of May16, Tanmay Bhat who is a co-founder of AIB posted two short snapchat bits titled “Sachin vs Lata #CivilWar.” Using a face-swap filter, he portrayed both Sachin Tendulkar and Lata Mangeshkar he impersonated cricket legend Sachin Tendulkar and singer Lata Mangeshkar sparring over whether Virat Kohli or Tendulkar was the superior batsman, sprinkling age-related digs at the 86-year-old chanteuse and a few expletives. The video went viral and it outrage the sports fans, music lovers and political parties widely leaders from Shiv Sena and Congress pressed for legal action and a public apology, calling the sketch an insult to national icons. Mumbai Police cyber-cell probed the video for obscenity and defamation but, after legal review, declined to file an FIR, noting that satire and free speech set a high bar for criminal charges. While some comedians supported Bhat’s right to parody, others deemed it distasteful, reigniting the debate over the limits of comedy in India after the 2015 AIB Roast controversy. Although the video was removed and no charges followed, it remained a high-profile flashpoint in India’s ongoing clash between comedic freedom, celebrity reverence, and limits of offence.
JASPREET SINGH
While guest-judging Samay ‘India’s Got Latent’, a YouTube show by Samay Raina, comedian Jaspreet Singh made a joke about Kerala accents (Kerala saar) and culture. The episode already under criticism after co-judge Ranveer Allahbadia posed an inappropriate “would you rather” question involving incest to a contestant. After a clip was shared on X (formerly Twitter), Malayali users accused Singh of bigotry and stereotyping. This led to a flood of hate messages and calls for boycott. The situation remains under investigation, with authorities continuing to assess the legal implications of the incident.
The comedians faced several incidents such as online harassment, club attacks, and other police actions considering political and social issues. Despite these challenges, Indian stand-up comedy continues to thrive. Comedians like Anubhav Singh Bassi, Abhishek Upamanyu, Zakir khan remain popular through their live shows and digital networks. Comedian Azeem Banatwalla’s show Tragedy Time showcased the versatility and depth of comedians in our country.
The Politics of Outrage
Over the past decade, stand-up comedy in India has gone from just a form of entertainment to a space where people reflect on politics, society, and everyday struggle, often through humour. But this rise in popularity has turned to something more troubling to the comedians as now making people laugh can come at a very real cost. Comedians today aren’t just worried about whether their jokes will work for the audience, they are worried about who might take it offensive, what line might be avoided, and whether their next punchline could lead to a police complaint or even a threat to their life. A space that was once free, fun and entertaining is now shadowed by tension and caution.
The internet has played a huge role in this shift. Platforms like YouTube and Instagram have helped the comedians to make them popular, but that popularity has also brought unfiltered public reaction, not just laughter and applause, but also trolling, abuse, life threats and outrage. One moment a video is trending, the next, it’s being flagged, labelled offensive, or used as evidence in a complaint. Beyond the stage and screen, comedians are dealing with deeper fears. Some have received violent threats after their personal details were leaked online and it’s no longer just about career risks; it’s about keeping yourself and your family safe. There is a growing fear among these performers, which in turn has led to a quiet form of self-censorship. Politics has only made things harder. Some comedians have been targeted, either directly or through indirect links to groups under investigation. These aren’t random acts; they are warnings. A way of saying: “Don’t cross the line”. And yet, many still keep going, some play it safe, by avoiding anything controversial, while others try to be more clever, subtle, layered but still using their wit to speak up, though with extra caution.
The anger directed at comedians, especially when jokes touch on politics, religion, or identity, reveals something deeper. The outrage over political or religious jokes says less about comedy and more about how uncomfortable we have become with dissent. People are quick to cheer when satire targets their rivals, but just as quick to condemn it when it touches their own beliefs. Comedy in present-day India goes beyond simple jokes, it has become a matter of courage, resilience and navigating a fragile space where freedom meets fear. For those on stage with a mic in hand, every word counts. And behind every laugh, there is often a risk.
The Legal Landscape
Under Article 19(1)(a)4, provides citizens, freedom to express their ideas openly. Yet, this right is not boundless and is regulated by permissible restrictions. But for comedians, these restrictions often lead to legal challenges, as they are frequently getting charged with provisions like Section 4995 of the IPC [currently 356(1) of BNS6] for criminal defamation, or Section 295A of IPC7 (299 of BNS8) for outraging the religious sentiments. They also face charges under Section 153A of IPC9 (196 of BNS10) for promoting enmity between groups, and also under the Information Technology Act 200011, for their online contents.
The main issue concerning these laws is how they are misused. In 2021, comedian Munawae Faruqui was arrested for allegedly hurting religious sentiments during a performance, despite having no clear evidence. Similarly, Tanmay Bhat has also faced FIRs for Political and legal satires. Many other comedians, whether mainstream or not, are also being charged with these criminal offences.
According to multiple verdicts by the Supreme Court of India, causing offence to someone’s sentiments is not, by itself, a valid reason for criminal charges unless public order is genuinely at risk. One of the landmark judgments in this regard is Sreya Singhal v. Union of India12, which highlighted the importance of safeguarding free speech against arbitrary limitations. The Supreme Court further recognised this principle in Romesh Thapper v. State of Madras13. It further covers the freedom of the media, the right to artistic and creative expression, and access to information. In the case of K A Abbas v. Union of India14 the court has also held that artistic expression also falls under free speech. Furthermore, in S Rangarajan v. P Jagjivan Ram15, It has been established by the Supreme Court that restrictions are valid only if there is an immediate and clear link to the harm, not just a remote or speculative threat. Also, in a recent judgement by Justice Abhay S Oka and Ujjal Bhuyan, they stated that, “After 75 years as a republic, we must not appear so fragile in our foundational principles that the simple recital of a poem or any form of artistic expression, including stand-up comedy, could be accused of inciting hostility or hatred between communities. Embracing such a perspective would suppress all valid forms of public expression, which are essential to the functioning of a free society.”16
In the end, while comedians do have a responsibility to be mindful of their words, the legal framework must also protect their right to criticise and use satire. Laws meant to maintain public order should not become tools to silence voices of dissent or restrain creative work. Then only we can exercise true freedom of expression which will help in building a true democracy.
Future Prospects
The plight of stand-up comedians is in a dreadful condition. Appropriate changes are essential to protect both artistic freedom and public sensibility. By implementing some strategies will definitely help to balance between freedom of expression and societal sentiments. Decriminalisation of defamation that means changing defamation from a criminal offence to civil matter, will help to prevent its misuse. To resolve disputes a special court or a fast-track court is essential. Mainly, the public is not aware about the limits of free speech. So, by creating a clear division between hate speech, artistic freedom etc will help in a great extent. Like film associations and unions, comedy associations and unions will help the comedians to assist and solve their problems. We all know that in Western countries, the situation of stand-up comedians is fair and just but while considering a country like India, a proper education about satire and humour is important. This helps the society to reduce their overreactions to comedic content. Strong protection for creators is crucial for protecting them from online abuse, mass reporting, and to ensure their contents are fair and transparent. This will prevent the misunderstanding of humorous and satirical contents with harmful and hateful contexts. Judiciary and the law enforcement systems must be aware about the real threats to society and the attempts to suppress the artistic dissent. This is 2025, it’s not the time for suppression. A democratic country like India has enough spaces where comedians, policymakers, and citizens can engage constructively about any concerned matters. We want to create a culture where people can share their thoughts and views calmly and respectfully without silencing them. Because from another perspective, every joke is not an attack.
Conclusion
Even today, the legal environment of stand-up comedy remains dynamic and multifaceted, it simply means that the practitioners of this art need to be very careful while performing. There is an ongoing controversy surrounding freedom of expression and the difficulties encountered by comedians. India, being a democratic nation, has included freedom of speech and expression as a fundamental right under 19(1)(a)17 but it is shaped by legal and cultural limits. So, it is essential to do their role carefully. Along with these rights, there are exceptions for them, which are also enshrined in Article 19(2)18. Striking a balance between stand-up comedy and freedom of speech is not about limiting expressions; it is about understanding their responsibility. The true essence of comedy thrives where free speech is protected. Yet, in India, applying this in practice can be challenging as cultural, religious and social sentiments are overwhelming. Everyone in the country, even the layman, to anyone have the right to question, provoke, challenge, but with that right comes the duty to be mindful about the words they can use. When comedians understand their boundaries, then their voice becomes a powerful tool for truth, reflection and changing the present situation.
Conflict of Interest: The authors is declaring that there are no conflicts of interest related to this manuscript.
Foot notes
- Goodreads, Winston Churchill Quotes, GOODREADS (May 2, 2025, 10:00 AM), https://www.goodreads.com/quotes/17797-everyone-is-in-favor-of-free-speech-hardly-a-day. ↩︎
- India Const. art. 19, cl. 1(a). ↩︎
- India Const. art. 19, cl. 2. ↩︎
- India Const. art. 19, cl. 1(a), supra note 1 ↩︎
- Indian Penal Code, 1860, § 499 (India) ↩︎
- Bharatiya Nyaya Sanhita, 2023, § 356(1) (India) ↩︎
- Indian Penal Code, 1860, § 295A (India). ↩︎
- Baratiya Nyaya Sanhita, 2023, § 299 (India). ↩︎
- Indian Penal Code, 1860, § 153A (India) ↩︎
- Baratiya Nyaya Sanhita, 2023, § 196 (India) ↩︎
- Information Technology Act, 2000 (India). ↩︎
- Sreya Singhal v. Union of India, (2015) 5 SCC 1 (India) ↩︎
- Romesh Tappar v. State of Madras, AIR 1950 SC 124 (India) ↩︎
- K.A. Abbas v. Union of India, (1970) 2 SCC 780 (India) ↩︎
- S. Rangarajn v. P. Jagjivan Ram, (1989) 2 SCC 574 (India) ↩︎
- Monalisha Sethi, Supreme Court: “Idea of Art or Stand-Up Comedy Inciting Hatred Could Severely Restrict Free Speech”, LawChakra (Mar. 28, 2025), https://lawchakra.in/supreme-court/stand-up-comedy-incitinghatred/ ↩︎
- India Const. art. 19, cl. 1(a), supra note 1 ↩︎
- India Const. art. 19, cl. 2, supra note 3 ↩︎
Reference
1. The Constitution of India, 1950.
2. Indian Penal Code, 1860.
3. Bharatiya Nyaya Sanhita, 2023.
4. Legal Service India, Legal Information Portal, available at: https://www.legalserviceindia.com
5. Artist Under Attack: 5 Indian Comedians Who Faced Political Backlash For Being Funny https://feminisminindia.com/2025/04/02/artists-under-attack-5-indiancomedians-who-faced-political-backlash-for-being-funny/
6. Humour or Harmm? Legal perspective of Standup Comedy https://www.jusscriptumlaw.com/post/humor-or-harm-legal-perspective-of-stand-upcomedy.
7. Kunal Kamra jibe case: Bombay HC issues notice to Mumbai police, Shiv Sena MLA https://www.hindustantimes.com/india-news/kunal-kamra-jibe-case-bombay-hcissues-notice-to-mumbai-police-shiv-sena-mla-101744092935712.html 8. Bombay high court admits Kunal Kamra’s plea to quash FIR in ‘traitor’ jibe case, grants protection from arrest https://timesofindia.indiatimes.com/city/mumbai/bombay-high-court-admits-kunalkamras-plea-to-quash-fir-in-traitor-jibe-case-grants-protection-fromarrest/articleshow/120606634.cms
About the Authors
This paper is authored by Varna Vijayan and Abhinav Raj K, both fourth-year B.A. LL.B. students at Government Law College, Thiruvananthapuram. Through this work, the authors contribute their academic insights and legal research on the subject, reflecting their engagement with contemporary legal discourse.
