SC Summons Comedian Samay Raina and Others Over Mockery of Disabled Persons

The Supreme Court of India on Monday, May 5, 2025, directed the Commissioner of Mumbai Police to issue notice to comedian Samay Raina and others to be present before the court, while also warning that coercive action will be taken against them in case they fail to appear.

A bench of Justices Surya Kant and N Kotiswar Singh 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.

"Issue notice. The Commissioner of Mumbai directed to serve notice to the Respondents to ensure their presence. Otherwise, Coercive action will be taken," the court ordered.

While taking note of the sensitivity of the case, court requested the assistance of Attorney General R. Venkataramani.

Appearing for the NGO Cure SMA Foundation, Senior Advocate Aparajita Singh highlighted that such practices have damaging effects on the entire generation.

"This actually belittles them. They are already marginalised in the eyes of society, and on top of that, these are INFLUENCERS — what they say carries weight, and it is affecting the attitude of an entire generation," Singh told the court.

In response, Justice Surya Kant remarked that such acts are “very demoralising and damaging.”

Singh further stated, "We are all for fundamental rights, but hate speech is not a fundamental right."

To this, Justice Kant firmly responded, "Any speech intended to demean another community — we will curtail this kind of freedom."

Accordingly, Justice Kant asked the counsel to assist the court in issuing some preventive guidelines.

Previously

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