Samay Raina Appears In Supreme Court In Plea Against Jokes On Disabled People
Comedian Samay Raina and others appeared before Supreme Court today pursuant to the court's May 5 order directing the Commissioner of Mumbai Police to issue notice to them.
A Justice Surya Kant led bench had also warned that coercive action will be taken against them in case they fail to appear. Court was hearing a writ petition filed by NGO Cure SMA Foundation seeking regulation of online content & action against Comedian Samay Raina & others for allegedly mocking persons with disabilities.
Today, as the matter was taken up, Attorney General for India R Venkataramani also appeared before court in order to assist it. As Justice Kant told the AG that he would be granted time to formulate guidelines on the issue, the AG responded saying that enforceability of these guidelines was much more important issue.
The bench also comprising Justice Joymalya Bagchi went on to allow the comedians to file their responses on the petition against them. Court further directed that the respondent comedians would remain present before court on the next date of hearing as well.
Appearing for the NGO Cure SMA Foundation, Senior Advocate Aparajita Singh had highlighted that such practices have damaging effects on the entire generation.
On April 21, the Supreme Court took 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 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 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 v. Union of India & Ors