Recently, two young rappers from Maharashtra have been booked by the police for posting videos of their songs on the internet. The songs quickly went viral on social media, attracting the attention of the authorities. Raj Mungase’s rap was aimed at the Eknath Shinde-led government of Maharashtra, while Umesh Khade criticised politicians for ignoring poverty-stricken people for their personal gains. A detailed report regarding the same was published in The Wire.
What's the case?
Mungase was picked up from Aurangabad and brought to Ambernath in Thane district following the registration of an FIR based on a complaint filed by an activist from the Shinde faction. He was booked under sections 501 (defamation), 504 (intentional insult to provoke breach of peace) and 505(2) (statements creating enmity between classes) by the Shivajinagar police station in Ambernath.
Khade, on the other hand, was recently booked by the Crime Intelligence Unit (CIU) of Mumbai police for uploading a song called ‘Janta bhongali keli’ (‘You stripped the public naked’), where he criticises the state for not caring for its citizens. Khade's rap is more generic and does not criticise or side with any political party. His rap simply focuses on how the poor and marginalised are left to fend for themselves even as the political parties are busy striking lucrative deals.
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It is important to note that both the rappers have been booked for their songs, which raise political and social questions, and do not promote violence or hatred.
Interim Bail: Update
As of April 12, 2023, Rajesh Mungase's lawyers sought bail which has been granted by the court. Reports state that he has received temporary protection from arrest until April 25, 2023. However, it has been noted by the court that he has been accused of creating a defamatory content against the Shinde government. Officials informed that Mungase had submitted an anticipatory bail application to a court in Kalyan, Maharashtra, on Tuesday, arguing that the FIR violated his fundamental right to freedom of speech and expression and the law's provisions. Shubham Kahite, his lawyer, stated that the court instructed the Shivaji Nagar police to respond to the application.
The Freedom of Expression in India
The freedom of expression is a fundamental right enshrined in the Indian Constitution, and any action that restricts it is a direct violation of that right. The government has a duty to protect this right and ensure that individuals are free to express themselves without fear of persecution or harassment. It is important to have a robust and independent judiciary that can strike a balance between the right to free speech and other considerations such as public order and morality.
Similar cases in the past
The move by the Maharashtra police has been criticised by many as an attack on freedom of speech and expression. It has sparked a heated debate on social media, with many users taking to various platforms to voice their opinions on the matter.
This isn't the first time that artists have faced persecution for their works in India. In the past, several artists have been arrested or charged for their works that have been deemed "obscene" or "offensive." In 2018, a Kerala-based cartoonist was arrested for a cartoon that depicted the Bishop of Jalandhar and the Chief Minister of Kerala in a controversial manner. Similarly, in 2019, a Tamil Nadu-based musician was arrested for a song that criticised the state's ruling party.
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The recent case of the two rappers from Maharashtra being booked for their songs is a worrying development that undermines the freedom of expression in India. The government must take steps to ensure that individuals are free to express themselves without fear of persecution or harassment. This is crucial for a healthy and thriving democracy, where citizens are free to express their views and hold those in power accountable. It is only by protecting the freedom of expression that we can truly ensure a free and democratic society.
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