The Madhya Pradesh High Court has upheld the criminal case against Bhojpuri singer Neha Singh Rathore, who posted a controversial cartoon on social media related to a viral incident in Sidhi. The cartoon depicted a man urinating on a tribal laborer, with khaki shorts—symbolic of the Rashtriya Swayamsevak Sangh (RSS)—lying nearby.
Justice Gurpal Singh Ahluwalia questioned the inclusion of the khaki shorts, noting that the actual accused was not wearing them. This addition, the judge stated, suggested a deliberate attempt to associate the incident with a specific ideological group, thus exceeding the bounds of free speech and satire.
The court emphasized that while artistic expression and satire are protected under the right to free speech, they are subject to reasonable restrictions. The inclusion of the khaki shorts was seen as an attempt to incite enmity and hatred, violating Section 153A of the Indian Penal Code, which prohibits promoting enmity between different groups.
The court also noted that Rathore’s defense—that she had no intention of promoting enmity—would need to be proven at trial. The FIR, therefore, was not quashed, and the case will proceed in court.
Advocate Arubendra Singh Parihar represented Rathore, while Public Prosecutor Mohan Sausarkar represented the state.
