Supreme Court: In a petition filed by Cure SMA India Foundation, accusing Samay Raina and four other stand-up comedians of mocking a person with disability and making dismissive comments about the challenges faced by individuals requiring high-cost treatment for Spinal Muscular Atrophy (‘SMA’), the division bench of Surya Kant and N. Kotiswar Singh, JJ. issued notices to comedian Samay Raina and four others for allegedly making insensitive remarks targeting persons with disabilities, particularly in reference to the high cost of treatment for SMA.
The Court directed the Commissioner of Police, Mumbai to ensure the presence of the comedians — Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar — before the Court on the next date of hearing.
Recognizing the broader constitutional implications, the Court impleaded the State of Maharashtra as a party and also issued notice to the Union of India, along with digital and media regulatory bodies including the News Broadcasters and Digital Association and the Indian Broadcasting and Digital Foundation.
The Court also sought suggestions from the petitioner regarding both remedial and punitive measures against individuals who propagate such content.
During the hearing, the Court made strong observations on the harmful impact of such speech.
“It is a breach of express provisions… Any speech which is meant to demean another community… If there is such kind of liberty, we will curtail it,” the Bench remarked.
Source: Press