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Time of India
7 days ago
- Entertainment
- Time of India
Samay Raina, Vipul Goyal and other comedians pulled up by the Supreme Court over jokes on disabled people; warned 'dignity should not be violated'
The Supreme Court on Tuesday said that insensitive jokes, mocking disabled people, violate their right to dignity and indicated its intention to lay down guidelines for stand-up comedians. The bench of Justices Surya Kant and Joymalya Bagchi heard a petition filed by SMA Cure Foundation, accusing comedians Samay Raina, Nishant Jagdish Tanwar, Vipun Goyal, Balraj Paramjeet Singh Ghai and Sonali Thakkar a.k.a. Sonali Aditya Desai of making insensitive jokes that mocked the disabled. During the proceedings, the bench said that Article 19, which provides freedom of speech and expression, cannot overpower Article 21, which guarantees the right to dignity that emanates from the right to life and liberty. The court said, 'Article 21 must prevail if any competition takes place,' and invited suggestions from the public and bar for laying down a framework so that the dignity of disabled people and others is not violated. The court also directed comedians Raina, Goyal, Ghai, and Tanwar to appear in person at the next hearing, while permitting comedian Sonali Thakkar, also known as Sonali Aditya Desai, to join virtually. According to reports, the bench recorded their presence and granted two weeks' time to file replies to the petition filed by the NGO, Cure SMA Foundation, representing individuals with Spinal Muscular Atrophy (SMA), a rare genetic disorder. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like An engineer reveals: One simple trick to get internet without a subscription Techno Mag Learn More Undo The court also warned that no further extensions would be granted and stated that any absence during the next hearing would be 'viewed seriously.' Addressing broader concerns about online content, the bench directed Attorney General R Venkataramani to assist in preparing guidelines for digital platforms that protect both freedom of expression and the rights of marginalised communities. Venkataramani sought time to deliberate, noting that enforceability would require detailed consideration. 'What we are doing is for posterity. You have to ensure that not a single word is misused by anyone. You have to ensure balance. We have to protect citizens' rights. A framework must be there so that the dignity of anyone is not violated,' the bench said, as reported by ANI. The petitioner alleged that the comedians, during their digital shows, mocked individuals suffering from SMA and other disabilities, and trivialised the high cost of treatment for such rare conditions. The court had earlier summoned the comedians on May 5 after the petition flagged videos in which Raina and others allegedly made 'offensive, denigrating, and dehumanising' remarks about persons with disabilities. 'The petitioner is concerned by certain live and pre-recorded event videos of these individuals, due to their offensive, denigrating, and dehumanising representation of persons with disabilities,' the NGO stated. It argued that such content not only violated Articles 14 and 21 of the Constitution, but also guaranteed the right to equality and dignity. It also fell within the reasonable restrictions outlined in Article 19(2), which governs free speech. It also asked the court to put a positive obligation on both the government and private actors to adopt a unique standard of representation of persons with disability in the online domain. The court also issued notices to the Union of India through the Ministries of Information and Broadcasting, Electronics and Information Technology, Social Justice and Empowerment, as well as industry bodies like the News Broadcasters and Digital Association and the Indian Broadcasting and Digital Foundation.
Indian Express
15-07-2025
- Entertainment
- Indian Express
‘Disturbing': SC asks YouTubers who joked about disabled to attend next hearing too
THE SUPREME Court on Tuesday reiterated its call for framing guidelines for social media users, balancing freedom of speech and expression with rights and duties. A bench of Justices Surya Kant and Joymalya Bagchi said this as it heard a plea by M/s SMA (Spinal Muscular Atrophy) Cure Foundation accusing YouTubers Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagdish Tanwar of cracking insensitive jokes on persons with disabilities (PwDs). Complying with the court's direction during the last hearing, the five appeared before the Bench Tuesday. The Supreme Court gave them two weeks to file a counter-affidavit and directed all except Sonali Thakkar to appear again before the bench on the next date of hearing. Thakkar has been allowed to appear online. 'Respondents number 6-10 are present in court in compliance with our order. Their counsel seeks and is granted two weeks to file counter-affidavit… No further time shall be granted… Respondents 6-8 and 10 shall remain present in person on the next date as well. Any absence shall be viewed seriously. Respondent No.9 (Sonali Thakkar) is permitted to appear online,' the bench said in its order. Justice Kant said, 'Individual misconducts, which are under scrutiny, will continue to be examined. (SMA Cure) Foundation has raised serious issues. Something very disturbing.' The court is also seized of two other petitions by YouTubers Ranveer Allahabadia and Ashish Chanchlani for clubbing of FIRs lodged against them in connection with allegedly objectionable remarks made on 'India's Got Latent' show. In May, the court while hearing Allahabadia's plea to club the FIRs against him had flagged the need to put regulations in place for social media use. It also sought the assistance of Attorney General R Venkataramani and Solicitor General Tushar Mehta in the matter. On Tuesday, the Attorney General sought more time to assist the court. He said the question of their enforceability will have to be considered at length. Allowing the request, Justice Kant said, 'We would like to test the guidelines… You have to have guidelines which are in conformity with constitutional principles, comprising both parts — where the limit of that freedom ends, and where duties start… We would like to invite open debate on that… Members of Bar, stakeholders and all so-called stakeholders, all invited.' He sought to stress that Article 21, which deals with the right to life and liberty, would prevail over Article 19, which deals with freedom of speech and expression. 'Right to dignity also emanates from the right which someone else is claiming… Article 19 can't overpower Article 21… Article 21 must prevail if any competition takes place,' said Justice Kant. He also pointed to the need to ensure that the guidelines are not misused. 'What we are doing is for posterity. What we do should not be misused by anyone, you have to ensure that too. There has to be a balance. We have to protect citizens' rights,' Justice Kant remarked. Apology before NCW YouTuber Samay Raina appeared before the National Commission for Women (NCW) on Tuesday and submitted a written apology over remarks deemed disrespectful to women in his show 'India's Got Latent'. The NCW summoned Raina over objectionable content in the programme aired on an online platform. During the hearing before NCW chairperson Vijay Rahatkar, Raina expressed regret for his comments and assured the Commission that he would avoid such statements in the future, according to a statement. He also agreed to create content that upholds the dignity of women and spreads awareness about their rights and respect, the NCW statement said.
