SC Summons Comedians Samay Raina, Others Over Alleged Insensitive Remarks On Persons With Disabilities
The Supreme Court on Monday issued summons to comedian Samay Raina and four others to personally appear before the court for reportedly making insensitive comments about individuals with disabilities. The order was on a petition that brought to light the effect of defamatory online content on the dignity of persons with disabilities.
A bench headed by Justices Surya Kant and N Kotiswar Singh issued the summons and directed the Commissioner of Police, Mumbai to produce Raina, comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar to the next hearing.
"If they fail to appear, coercive steps will be taken to secure their presence," the bench warned, taking serious note of the allegations. Justice Kant remarked, 'Hate speech or any speech meant to demean another… this kind of freedom, if it exists, we will curtail it.'
The court was considering a plea moved by Cure SMA Foundation, a non-government organisation promoting the rights of people with Spinal Muscular Atrophy (SMA). The petition sought a ban on derogatory and ableist digital content, and recommended the formulation of stringent guidelines to ensure the dignity and rights of people with disabilities in online media.
Senior lawyer Aparajita Singh, who appeared for the NGO, contended that the content in question had "deeply damaging and demoralising effects" on the disabled community. "These influencers carry weight with their words. Their comments influence the attitude of an entire generation," Singh said.
Justice Kant seconded these sentiments, stating, "It is very demoralising and damaging. You try to uplift people through social and legislative means, but one casual remark can derail that progress."
The court also requested the help of the Attorney General of India and served notices to various ministries and regulatory agencies, such as the Ministries of Information and Broadcasting, Electronics and IT, and Social Justice and Empowerment, as well as the News Broadcasters and Digital Association and the Indian Broadcasting and Digital Foundation.
The petition mentioned that there is a lack of clear statutory rules governing such content online, claiming it is an infringement of the right to life and dignity of persons with disabilities, and a misuse of the freedom of speech. The NGO pinpointed Raina for making fun of costly treatments for SMA and mocking a disabled person.
The case is expected to come back for hearing in the weeks ahead.
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