SC Asks Samay Raina & 4 Other Comedians To Apologise For Insensitive Jokes On Persons With Disabilities

Samay Raina

The Supreme Court on Monday directed 5 popular stand-up comedians, including Samay Raina, to publicly apologize for making insensitive remarks about persons with disabilities.

The court asked that the apology be posted on their YouTube channels and other social media platforms.

A bench of Justices Surya Kant and Joymalya Bagchi was hearing a petition filed by the SMA Cure Foundation, represented by senior advocate Aparajita Singh. The NGO flagged jokes by Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar (Sonali Aditya Desai), and Nishant Jagdish Tanwar, calling them offensive and seeking guidelines to prevent ridicule of PwDs in entertainment content.

“Repentance Must Match the Harm”

During the hearing, the court made it clear that apologies must be sincere and visible. “The degree of repentance should be higher than the degree of offending, it’s like purging contempt,” Justice Kant observed. The judges indicated that penalties may also be imposed at the next hearing.

The comedians appeared personally before the bench, though their future appearances have been waived. The court advised them to consider using their platforms not only to apologize but also to raise awareness about disability rights.

Humour Has Limits, Says Bench

While stressing that free speech and comedy are valued, the court cautioned against humour that humiliates vulnerable groups. “Humor is part of life. We laugh at ourselves. But when it breaches sensibilities at a community level, it becomes problematic,” Justice Bagchi said.

The judges added that today’s influencers are commercializing speech, and that “the community at large should not be used to hurt sentiments of certain sections. It’s not just freedom of speech; it’s commercial speech.”

Attorney General R. Venkataramani, assisting the court, informed that draft guidelines are being prepared to balance freedom of expression with dignity. He, however, clarified that a total ban or gag would not be feasible.

Related Cases & Background

The hearing also covered 2 other matters—petitions by YouTubers Ranveer Allahabadia and Ashish Chanchlani seeking to club multiple FIRs linked to online content controversies.

Earlier, the Supreme Court had granted interim relief to Allahabadia, including release of his passport, and issued notices in Chanchlani’s case. The SMA Cure Foundation petition was first taken up in May, when the court ordered the comedians to appear and warned of coercive steps if they failed to comply.

The judges have emphasized that the issue involves the fundamental right to dignity under Article 21 of the Constitution and must be weighed against Article 19’s guarantee of free speech. The Attorney General is expected to present draft guidelines at the next hearing.

(Inputs By Sambhav Sharma)