
'Disturbing': SC Slams Samay Raina, Others Over Jokes On People With Disabilities
Taking strong objection to the remarks, the apex court recorded the personal appearance of the comics and directed them to file formal replies within two weeks.
The Supreme Court on Tuesday termed jokes made by stand-up comedian Samay Raina and others about persons with disabilities and rare diseases as 'disturbing", stating it would 'scrutinise individual conduct minutely."
The remarks came while the SC heard a petition filed by the CURE SMA Foundation of India, which raised concerns over allegedly insensitive and offensive content shared by Raina and other comedians. The bench, comprising Justices Surya Kant and Joymalya Bagchi, ordered the comedians to respond to the plea and appear again in court at the next hearing, which is scheduled in three weeks.
Senior Advocate Aparajita Singh, representing the foundation, argued that the comedians' comments over people with disabilities amounted to 'hate speech", which does not deserve any protection under the right to free speech guaranteed under Article 19(1)(a) of the Constitution.
Taking strong objection to the remarks, the apex court recorded the personal appearance of the comics and directed them to file formal replies within two weeks.
The bench also reminded the Centre that existing guidelines on regulating online content, especially on social media and OTT platforms, must align with constitutional values. The bench stressed that the right to freedom and duties of citizens must be balanced.
Earlier, while hearing a separate case involving YouTuber Ranveer Allahabadia over his crass remarks on 'India's Got Latent' show, the top court had asked the government to consider formulating clearer guidelines to control vulgar and derogatory content online. Justice Kant reiterated the need for public debate on where free expression ends and civic responsibility begins.
'…you have to have guidelines which are in conformity with constitutional principles, comprising both parts – freedom, where the limit of that freedom ends, and where duties start…we would like to invite open debate on that," Justice Kant said.
On May 5, the top court had summoned five influencers and comedians, including Raina, over offensive content targeting persons with disabilities. It reiterated that any speech that demeans a community or group would be subject to legal restriction.
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