Comedian Apoorwa Kshitiz Singh Fined for Violating Social Rites and Promoting Discrimination

The Kathmandu District Court has imposed a fine of Rs 10,000 on popular comedian Apoorwa Kshitiz Singh for violating Section 165 of the National Penal Code, which prohibits the undermining of social rites and rituals. The decision was handed down by Judge Kapil Mani Gautam on Sunday. The court also found Singh guilty of acting against public peace and promoting untouchability or discriminatory treatment based on caste, although no punishment was meted out for these offenses due to a lack of established claims.

Singh’s legal troubles began when he was arrested on August 28, 2022, following complaints lodged by activists at the District Police Range Kathmandu. They accused him of insulting the Newar community during one of his stand-up comedy acts. However, Singh was released on September 8, 2022.

The charges against Singh stem from a stand-up comedy performance titled “Newarko Parampara” (Newar’s Tradition), which was uploaded to the YouTube channel Comedy Cafe on August 26, 2022. The video faced swift criticism, leading to its removal within 24 hours. Many members of the Newar community objected to Singh’s content, alleging that he had mocked their language, food, and culture.

In response to the backlash, Singh issued an apology on Facebook. Despite the apology, activists filed complaints with the police, triggering an investigation that led to Singh’s arrest.

Singh expressed concerns about the court’s decision, asserting that it sets a detrimental precedent for comedians and individuals expressing themselves through comedy. He believes that such fines for stand-up comedy acts could open the door for frivolous lawsuits on trivial issues, potentially stifling freedom of expression. Singh is contemplating whether to appeal the verdict, pending the arrival of the full text of the judgment.

The legal proceedings against Singh involved four separate complaints under various sections of the Nepal Penal Code. These included Section 165 (Prohibition of undermining social rites and rituals), Section 166 (Prohibition of untouchability or discriminatory treatment based on caste), Section 168 (Prohibition of degrading or inhuman treatment), and Section 65 (Prohibition of acts prejudicial to public tranquility).

The District Government Attorney Office had filed a charge sheet seeking a jail term of one to five years for Singh. However, on October 20, 2022, the Kathmandu District Court granted him bail, setting the amount at Rs 250,000.

Singh’s case has sparked discussions on the boundaries of freedom of expression in the context of comedy and the potential implications for comedians facing legal consequences for their acts. As he contemplates whether to appeal the decision, the outcome of this case could have lasting effects on the comedy landscape in Nepal and beyond.