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Hindustan Times
06-05-2025
- Entertainment
- Hindustan Times
SC raps Samay Raina, 4 others over remarks on disabled persons
The Supreme Court on Monday summoned five social media influencers and stand-up comics including Samay Raina over offensive and derogatory remarks made against persons with disabilities, even as it stressed that any speech that demeans a community or class of persons will be curtailed. The court considered the issue in a petition filed by Cure SMA Foundation working for the welfare of disabled persons, that produced as evidence, videos where comedian Raina and four others were seen making fun of persons with disabilities. Issuing notice on the petition to the Centre and Maharashtra government, the court directed the Mumbai Police Commissioner to ensure the presence of the five in court on the next date failing which the bench threatened to order coercive steps to secure their presence. Besides Raina, the other persons summoned by the court are Vipul Goyal, Balraj Paramjit Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar. Raina is no stranger to controversy; he hosted India's Got Latent, the show in which podcaster and influencer Ranveer Allahbadia made distasteful and obnoxious comments The bench headed by justice Surya Kant took strong objection to 'irresponsible statements' made by the five: 'There are people who seek fundamental right of free speech. If there is such freedom, then we will curtail any speech which demeans another community.' The order said, 'The Commissioner of Police, Mumbai is directed to serve notice on the respondents (Raina and others) to ensure their presence in court failing which coercive steps will be taken to secure their presence.' The petition argued by senior advocate Aparajita Singh said that while the foundation is a votary of free speech, such speech should respect other communities as the effect of making such statements has a very damaging effect on persons with disabilities and their families. According to her, the offensive expressions used to mock at disabled persons amounts to 'hate speech' which does not deserve any protection under right to free speech, a constitutionally guaranteed right under Article 19(1)(a). The bench, also comprising justice N Kotiswar Singh, said, 'On one hand, through judicial and legislative measures, we want to integrate such persons into the society, and you damage it by passing such statements.' The court said that it was keen to lay down guidelines, both punitive and preventive, to ensure persons indulging in such speech are not spared. 'We would like to lay down some guidelines to prevent such persons from indulging in irresponsible behaviour. We need to think about having remedial and punitive steps which can be preventive in nature, that can be taken against such persons,' the bench observed. The court requested Attorney General R Venkatramani to assist the court on the next date 'having regard to the sensitivity and importance of the issue' and permitted the Union government, state of Maharashtra, and Aparajita Singh to make suggestions in this regard. The petitioner initially filed an application before the top court last month in a case where Allahbadia approached the court to club criminal cases against him pending in Assam and Maharashtra after he made some offensive comments on a show 'India's Got Latent'. SMA Foundation said that in the same show, Raina made fun of a blind and cross-eyed persons and upon deeper probe, the organisation came across multiple instances where persons with disabilities were ridiculed and humiliated on this show. The petitioner attached video clips of statements made by the other four persons 'denigrating' persons with disabilities. The petition sought a two-fold relief - guidelines to regulate the broadcast of such online content which violates the right to life and dignity of the persons with disabilities, and a positive obligation on the government and private entities to adopt a unique standard of representation of persons with disability in the online domain. Although there is a regulatory framework governing the broadcasting of online content, under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Code of Conduct and the Programme Code provided under Rule 6 of the Cable Television Network Rules, 1994, the petition pointed out that such instances point to the yawning gap between the existence of regulations and their implementation.
Indian Express
05-05-2025
- Politics
- Indian Express
Supreme Court asks Samay Raina, 4 others to appear over remarks against persons with disabilities
The Supreme Court on Monday directed the personal presence of comedian Samay Raina and four other influencers before it over allegations that they ridiculed persons with disabilities through insensitive comments. Justice Surya Kant, presiding over a two-judge bench, took stern exception to rising incidents of people making objectionable remarks and said: 'Hate speech, any speech which is meant to demean another… this kind of freedom, if there, we will curtail it. We know how to…' The bench, also comprising Justice N K Singh, asked the Mumbai Police Commissioner to serve a notice to Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar aka Sonali Aditya Desai and Nishant Jagdsish Tanwar to ensure their presence on the next date of hearing (likely on July 15). The court warned of coercive action if they fail to appear before it. The court was hearing a plea by Cure SMA Foundation, seeking the court's intervention to ensure adequate and explicit protections in the regulatory framework to protect people with disabilities from 'disabling humour'. The Foundation contended that such humour demeans and disparages people with disability. Raina is accused of making insensitive remarks over high-cost treatment for Spinal Muscular Atrophy and ridiculing a person with disability. Appearing for the Foundation, Senior Advocate Aparajitha Singh submitted that freedom of speech and expression does not extend to mocking the vulnerable and such irresponsible remarks even tantamount to hate speech. The court also sought the assistance of Attorney General R Venkataramani 'having regard to the sensitivity and importance' of the issue raised by the Foundation.
Time of India
05-05-2025
- Politics
- Time of India
Supreme Court summons comedian Raina & 4 others over demeaning PWDs
NEW DELHI: Supreme Court on Monday frowned upon the rampant abuse of freedom of speech to make fun of physical disabilities of people and summoned comedian Samay Raina and four other 'influencers' after a PIL accused them of undermining the dignity of physically challenged people in their shows on online platforms. A bench of Justices Surya Kant and N Kotiswar Singh, hearing the PIL by 'Cure SMA Foundation', ordered the Mumbai Police commissioner to serve notices on Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar aka Sonali Aditya Desai and Nishant Jagdish Tanwar and ensure that they are present before the apex court on the next date of hearing. "If they fail to appear, coercive steps will be taken," the bench warned. The bench said while Parliament and courts attempt to assimilate these sections of people in the social mainstream, these kind of casual yet reprehensible remarks by influencers on social media platforms ridiculing physical disability derail the efforts and objectifies disability. "We want to curtail this kind of abuse of free speech," Justice Kant said and asked the NGO to suggest remedial as well as punitive measures. The bench sought assistance of attorney general R Venkataramani in framing guidelines for digital broadcasters . The SC also issued notices to the Union govt and ministries of electronics and information technology, social justice and empowerment as well as two Delhi-based regulators - News Broadcasters and Digital Association and Indian Broadcasting and Digital Foundation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Villas For Sale in Dubai Might Surprise You Villas in Dubai | Search Ads Get Deals Undo Under the existing law, punitive measures can be taken against those who ridicule physical disability, the bench said. Appearing for the NGO, senior advocate Aparajita Singh said she was not against free speech but reasonable restrictions must, as the Constitution provides, protect the dignity of every individual.
Scroll.in
05-05-2025
- Entertainment
- Scroll.in
SC seeks comedian Samay Raina's presence in court for ‘insensitive' jokes about disabled persons
The Supreme Court on Monday issued notice to comedian Samay Raina and four others on a petition claiming that they had made insensitive jokes about persons with disabilities, Live Law reported. A bench of Justices Surya Kant and N Kotiswar Singh asked the Mumbai Commissioner of Police to serve notice to all five of them and ensure their presence in court on the next date of the hearing. It added that coercive action would be taken if they failed to appear. The notice was issued on a writ petition filed by a non-government organisation called Cure SMA Foundation, which raises awareness and provides support for patients with spinal muscular atrophy. The bench sought the assistance of Attorney General R Venkataramani in the matter, PTI reported. Apart from Raina, the others summoned were Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar aka Sonali Aditya Desai and Nishant Jagdish Tanwar, according to Live Law. The NGO had initially brought the matter to light through an intervention application filed in another case related to sexually explicit remarks made by YouTuber and podcaster Ranveer Allahbadia during an episode of the show India's Got Latent, hosted by Raina, in February. The court had said that it intended to do something to regulate obscene content on YouTube and other social media. It had further asked the Union Government about its views on the matter. Cure SMA Foundation had stated that existing regulations required adequate and explicit protections to shield persons with disabilities from 'disabling humour', which was denigrating, demeaning and disparaging to them, Live Law reported. At the same time, such regulations should also not restrict disability humour, which challenged conventional wisdom about disability, it said. On April 21, the court suggested that the NGO could file a comprehensive petition impleading the persons who had made such remarks and suggest measures. 'This is very very serious issue,' Live Law quoted Kant as saying. 'We are really disturbed to see that. We would like [you] to place on record the instances also. If you have video-clippings along with transcript, bring them.' Subsequently, the NGO filed the petition that the court heard on Monday During the hearing, Senior Advocate Aparajita Singh, representing Cure SMA Foundation, claimed that since Raina and others in the matter were influencers, their words held weight among the youth, Live Law reported. The freedom of speech and expression did not extend to defaming vulnerable persons, Singh said. The right to free speech under Article 19(1)(a) should be held in balance with another person's right to dignity, she added. 'This is very, very damaging and demoralising,' PTI quoted the bench saying in response. 'There are statutes which try to bring these people into the mainstream, and with one incident, the entire effort goes. You [Singh] should think of some remedial and punitive action within the law.' The court also said that the fundamental right to freedom of speech and expression was not absolute and that no one could be allowed to demean anybody under its garb, according to the news agency.
India.com
05-05-2025
- Politics
- India.com
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.
