Supreme Court Calls Samay Raina’s Comments on Disabled People ‘Disturbing’

The petitioner’s lawyer contended that Mr Raina and others used offensive expressions mocking people with disabilities, which amount to “hate speech.”

Terming jokes made by stand-up comic Samay Raina and other comedians about persons with disabilities and those suffering from rare diseases as “disturbing,” the Supreme Court has said it will “scrutinise individual conduct minutely.”

Hearing a petition filed by the CURE SMA (Spinal Muscular Atrophy) Foundation of India on Tuesday, a bench comprising Justices Surya Kant and Joymalya Bagchi directed the stand-up comics to respond to the plea—which highlights their allegedly insensitive jokes—and to appear in court again at the next hearing in three weeks.

Appearing for the foundation, Senior Advocate Aparajita Singh argued that the offensive expressions used by Mr Raina and others to mock people with disabilities amount to “hate speech,” which does not merit protection under the right to free speech guaranteed by Article 19(1)(a) of the Constitution.

The top court took strong exception to the remarks and ordered that the comedians be impleaded for their crass jokes. After recording their personal appearance on Tuesday, the bench directed them to file their replies within two weeks.

The bench also reminded the Centre that any guidelines regulating content on social media and OTT platforms must align with constitutional principles, balancing freedom of expression with citizens’ duties.

Guidelines

Earlier, while hearing a case involving YouTuber Ranveer Allahabadia over controversial remarks made on India’s Got Latent, the Supreme Court had asked the Centre to consider framing guidelines to regulate vulgar and offensive content on social media and OTT platforms.

“…you have to have guidelines which are in conformity with constitutional principles, comprising both parts—freedom, where the limit of that freedom ends, and where duties start…we would like to invite open debate on that,” Justice Kant said.

He clarified that the court intends to hold an open debate on these guidelines and has sought the views of all stakeholders.

On May 5, the Supreme Court summoned five influencers and stand-up comics, including Samay Raina, over offensive and derogatory remarks targeting persons with disabilities. The top court reiterated that any speech that demeans a community or class of persons will be curtailed.