Supreme Court Summons Comedians Over Alleged Insensitive Remarks on Disabilities
Supreme Court Directs Comedians to Appear
On Tuesday, the Supreme Court mandated that stand-up comedians Samay Raina, Vipul Goyal, Balraj Paramjit Singh Ghai, and Nishant Jagdish Tanwar must attend the next hearing in a case concerning alleged offensive comments about individuals with disabilities.
A division bench, comprising Justice Surya Kant and Justice Joymalya Bagchi, permitted comedian Sonali Thakkar, also known as Sonali Aditya Desai, to join the proceedings virtually. The court acknowledged the presence of Raina, Goyal, Tanwar, Ghai, and Thakkar, instructing them to submit their written responses to the petition within a two-week timeframe.
The Supreme Court emphasized that no extensions would be granted beyond this deadline, and any absence at the upcoming hearing would be taken seriously.
Additionally, the court requested Attorney General R. Venkataramani, representing the Central Government, to develop guidelines that balance freedom of expression on social media with the rights and responsibilities of individuals. Venkataramani requested additional time to formulate these guidelines, indicating that thorough discussions would be necessary for effective implementation.
The bench remarked, 'Our actions are for future generations. It is crucial to ensure that no words are misused. We must maintain a balance and protect citizens' rights, ensuring that no one's dignity is compromised.'
The Supreme Court was addressing a petition from M/s Cure SMA Foundation, which sought to prohibit the airing of derogatory content on digital platforms regarding individuals with disabilities. The petition also called for the establishment of guidelines to protect the rights and dignity of these individuals in relation to online content.
Previously, on May 5, the court had summoned the comedians to appear or face potential coercive measures, following allegations that they mocked individuals suffering from Spinal Muscular Atrophy (SMA) and other disabilities during their performances.
The court had also issued notices to various ministries and associations, including the Ministries of Information and Broadcasting, Electronics and Information Technology, and Social Justice and Empowerment, along with the News Broadcasters and Digital Association and the Indian Broadcasting and Digital Foundation.
The NGO highlighted the existence of online content that is derogatory, offensive, and belittling towards individuals with disabilities, as well as their medical conditions and treatment options.
The petitioner expressed concern over the absence of clear statutory guidelines to adequately regulate such online content, which they argue infringes on the right to life and dignity of persons with disabilities while also conflicting with the qualified right to free speech.
The NGO accused Raina of making insensitive comments regarding individuals with disabilities and the high costs associated with treatments for SMA, claiming he ridiculed a person with a disability. They referenced videos in which he made disparaging remarks about disabled individuals. The petition noted that these comedians are public figures with millions of followers across various social media platforms.
The petition stated, 'The petitioner is troubled by certain live and pre-recorded videos featuring these individuals due to their offensive and dehumanizing portrayal of persons with disabilities.' It further argued that such content violates the rights of disabled individuals under Articles 14 and 21 of the Indian Constitution, perpetuating harmful stereotypes and negatively affecting their societal participation.