The Supreme Court on Monday issued summons to stand-up comedian Samay Raina and 4 others over allegedly offensive comments made about persons with disabilities in online content.
The court directed that all 5 individuals must personally appear before it at the next hearing.
The bench, comprising Justices Surya Kant and N Kotiswar Singh, asked the Mumbai Police Commissioner to ensure the presence of Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar (also known as Sonali Aditya Desai), and Nishant Jagdish Tanwar.
The court warned that coercive measures would follow if they failed to comply.
“This is not the kind of freedom we will permit. Hate speech or any speech that demeans another—we will know how to curb it,” Justice Kant said during the proceedings.
The summons were issued in response to a petition filed by Cure SMA Foundation, a non-profit organisation working on issues related to Spinal Muscular Atrophy (SMA). The NGO is seeking court directions to prohibit the dissemination of content online that is derogatory, ableist, or humiliating to persons with disabilities. They are also calling for the establishment of clear guidelines to protect the dignity and rights of disabled individuals in the digital media space.
Senior advocate Aparajita Singh, representing the petitioner, argued that the content in question had a deeply harmful psychological impact on people with disabilities. “These comedians are influencers. Their words shape public attitudes. Their careless remarks are normalising insensitivity,” she submitted.
Justice Kant echoed this concern, observing, “Years of progress in uplifting persons with disabilities through social and legislative efforts can be undone in a moment by such irresponsible content.”
Acknowledging the seriousness of the matter, the court requested the Attorney General for India to assist in the case. Notices were also issued to the Union of India, represented through the Ministries of Information and Broadcasting, Electronics and Information Technology, and Social Justice and Empowerment. Notices were further sent to key industry bodies, including the News Broadcasters and Digital Association and the Indian Broadcasting and Digital Foundation.
The petition highlighted the absence of effective statutory guidelines regulating online content that targets or mocks persons with disabilities. It argues that the right to dignity, guaranteed under Article 21 of the Constitution, is being violated in such instances, and calls for positive obligations to be imposed on both the State and private content creators to ensure fair representation.
The Foundation specifically pointed to content allegedly posted by Raina, which included mocking expensive SMA medications and treatments, and a supposed instance of ridiculing a disabled individual.
The matter is expected to be heard again shortly, with the personal appearance of the comedians now a legal requirement.
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