Samay Raina, others to publicize cause, raise funds for specially abled persons: Supreme Court

The Supreme Court has today directed Samay Raina, Vipul Goyal, Balraj Ghai, Sonali Thakker and Nishant Tanwar to persuade and invite specially abled persons on their platforms to promote the cause of generating funds to provide timely treatment to specially abled including those suffering from SMA.

A CJI Surya Kant led bench was hearing a petition filed by NGO Cure SMA Foundation seeking regulation of online content & action against Comedian Samay Raina & others for allegedly mocking persons with disabilities.

"We are confident that if respondents 6 to 10 show sincerity about showing their achievements.. they will also come on the platform for wider publicity of their cause. We hope and expect that such few memorable events will take place before we hear matter the next date. Let such two programs be held twice a month", the bench also comprising Justice Joymalya Bagchi ordered today.

Notably, Court also asked the Central government to come out with a legislation for disabled persons similar to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

"Why don't you think about bringing in a legislation like the SC ST Act for disabled people?", CJI Kant asked Solicitor General Tushar Mehta. SG Mehta told the bench today that the issue was not about obscenity but perversity.

Senior Advocate Aparajita Singh, appearing for the foundation told the bench also comprising Justice Joymalya Bagchi, "Two proposals that I have, the person concerned Samay Raina, he says he has some event organised, he has deposited 2.5 lakhs in our account, we don't need that, we require dignity..our biggest problem is awareness..treatment cost is very high, most of the drugs are imported and their cost is also high..learned SG may look into CSR funding.."

Singh further suggested that the concerned persons should do a program with the disabled individuals sharing their success stories. CJI Kant agreed to the suggestion and said, "One program every fortnight, and the revenue should go into the corpus..for ther next2-3 years..not just for next two months..we are not going to spare you..we are considering this a bonafide mistake therefore no penal consequence..".

In August, Supreme Court had pulled up Comedian Samay Raina and others over the apology submitted by them for allegedly mocking persons with disabilities. "The apology must always be proportional to the disrespect caused..", Justice Surya Kant led bench of the Supreme Court said today. Justice Kant had further observed, "Today we have an unfortunate case of disabled, tomorrow it can be women, then children then senior citizens...where this society will land..".

Earlier, Supreme Court had taken strong exception to comedian Samay Raina’s alleged mockery of the exorbitant treatment cost for spinal muscular atrophy (SMA), stating that such ridicule could not be passed off as humour or satire when it demeans persons with disabilities. During the hearing, Senior Advocate Aparajita Singh, appearing for NGO Cure SMA Foundation, sought to intervene and pressed for regulatory mechanisms to curb offensive speech targeting the disabled community.

Singh had told the court that comedian Samay Raina’s remarks ridiculing the Rs 16 crore cost of SMA treatment for infants had a damaging psychological and social effect, diminishing public empathy and hampering fundraising for treatment. The senior counsel also cited instances where Raina allegedly mocked a visually impaired individual and referred to a video clip where former cricketers Yuvraj Singh, Harbhajan Singh, and Suresh Raina were seen limping and holding their backs to mimic injuries, allegedly trivializing disability. “These clips are merely the tip of the iceberg,” Singh argued, adding that persons with disabilities are routinely made objects of pity or derision in popular media, which violates their right to dignity under Article 21 of the Constitution.

Taking cognizance of the issue, court had directed the NGO to compile and submit a list of such incidents, along with video transcripts and suggestions for remedial measures. “Free speech cannot be a license to demean vulnerable communities under the guise of satire,” the bench had observed.

Case Title: M/S. Cure SMA Foundation of India vs. Union of India & Ors

Hearing Date: November 27, 2025

Bench: CJI Surya Kant and Justice Bagchi