SC summons Samay Raina, warns of coercive steps over disability jokes

The Supreme Court warned of coercive action if Samay Raina and others fail to appear over alleged mockery of people with disabilities and is considering guidelines for online content

The Supreme Court on Monday issued notices to stand-up comedians Samay Raina, Vipul Goyal and three others in response to a plea filed by an NGO alleging that the individuals mocked people with disabilities and rare medical conditions. The top court also issued a stern warning against the misuse of social media platforms, particularly in cases involving the ridicule of persons with disabilities and rare disorders.

 

A bench of Justices Surya Kant and N Kotiswar Singh was hearing a petition filed by the NGO Cure SMA Foundation of India, which alleged that social media personalities ridiculed persons with a rare disorder — Spinal Muscular Atrophy (SMA) — on their show. 

 

  

The bench directed Mumbai Police to ensure that the stand-up artists appear before the court on the next date of hearing, warning, “If they fail to appear, coercive steps will be taken.”

 

The court also said it was considering framing guidelines on social media content related to the disabled and people with rare disorders.

 

Describing the conduct as “damaging” and “demoralising,” the bench observed, “This is very, very damaging and demoralising. There are statutes which try to bring these people into the mainstream, and with one incident, the entire effort goes. You should think of some remedial and punitive action within the law,” it told senior advocate Aprajita Singh, appearing for the NGO.

 

During the hearing, the court reiterated that the fundamental right to freedom of speech and expression enshrined in the Constitution is not absolute and no one can be allowed to demean others under its guise.

 

Raina is already under scrutiny over a previous controversy involving influencer Ranveer Allahbadia’s remarks during Raina’s show 'India's Got Latent'. The controversial exchange with a contestant triggered widespread backlash. Subsequently, Guwahati Police registered an FIR on 10 February against multiple influencers, including Raina.