SC tells Samay Raina, others to apologise for remarks on differently abled

Top court observed that humour cannot breach sensibilities; penalty for comedians in the insensitive remarks case to be decided at next hearing

The Supreme Court on Monday ordered Samay Raina and four other comedians to issue an unconditional apology over insensitive remarks towards persons with disabilities (PwD) on their podcast.

 

According to a report by new agency PTI, a bench of Justices Surya Kant and Joymalya Bagchi was hearing a petition filed by M/s SMA Cure Foundation. The plea flagged jokes made by comedians Samay Raina, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar. The organisation also sought guidelines to prevent persons with disabilities from being mocked.

 

The apex court observed that while humor is an essential part of life, it becomes objectionable when it mocks others and breaches sensibilities. “This is what today’s so-called influencers should keep in mind,” the bench said.

 

Penalty to be decided in next hearing

The court said it would decide the penalty for the comedians at the next hearing. The degree of repentance should be higher than the degree of offending, it’s like purging contempt, Justice Kant noted.

 

The SC summoned five social media influencers for mocking persons with disabilities, including those affected by Spinal Muscular Atrophy and visual impairment. 

 

On July 15, the SC had directed the comedians to appear in person after taking note of a petition seeking action over their remarks. Calling it a “serious matter”, the bench warned that their absence would be viewed strictly and made it clear that no further extension beyond two weeks would be granted for filing their responses.

Repeat legal trouble for comedian Raina

Four influencers, including Raina, complied with the order and appeared before the court. Thakkar, also known as Sonali Aditya Desai, was granted exemption from personal appearance on the condition that she broadcast an unconditional apology in her programme.

 

This is not the first time 'India’s Got Latent' comedian Samay Raina has faced legal trouble. Earlier this year, he, along with Ranveer Allahbadia, Apoorva Makhija, Jaspreet Singh, and Ashish Chanchlani, was accused of promoting obscenity and engaging in sexually explicit conversations on the show.