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SC issues notice to comedian Samay Raina, and others over insensitive remarks on specially-abled persons
Bench warns of coercive action if five comedians, including Raina and Vipul Goyal, fail to appear; seeks Attorney General’s assistance in shaping remedial and punitive measures.
The action follows a plea filed by Cure SMA India foundation, which accused the comedians — specifically Raina — of mocking the exorbitant cost of treatment for SMA and allegedly ridiculing individuals with disabilities in their content streamed online.
The Supreme Court on Monday issues notices to stand-up comedian Samay Raina and four others for allegedly making derogatory and insensitive remarks against persons with disabilities, particularly in relation to Spinal Muscular Atrophy (SMA) treatment, according to media reports.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh directed the Commissioner of Police, Mumbai, to serve the notices and ensure the presence of Raina, along with comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar (also known as Sonali Aditya Desai), and Nishant Jagdish Tanwar in court during the next hearing.
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The action follows a plea filed by Cure SMA India foundation, which accused the comedians — specifically Raina — of mocking the exorbitant cost of treatment for SMA and allegedly ridiculing individuals with disabilities in their content streamed online.
The petition called for regulatory mechanisms to govern online content that undermines the dignity and rights of person with disabilities, invoking Article 21 of the Constitution — the right to life and dignity.
Recognising the seriousness of the issue, the Court also impleaded the State of Maharashtra as a party in the case and issues notices to key regulatory bodies, including the Union of India, the News Broadcasters and Digital Association (NBDA), and the Indian Broadcasting and Digital Foundation (IBDF).
The judges further sought suggestions from the petitioner on remedial and punitive frameworks that could be introduced against individuals who propagate insensitive and harmful content targeting the differently-abled.
"It is a breach of express provisions," the Court stated in the report, emphasizing that such content erodes ongoing efforts — social, legislative, and educational — to uplift and integrate persons with disabilities.
The Court concluded with a pointed observation: "Any speech which is meant to demean another community ... if there is such kind of liberty, we will curtail it."
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