SC Issues Notice to Comedian Samay Raina, Others Over Alleged Insensitive Remarks Against Persons with Disabilities

SC Issues Notice to Comedian Samay Raina, Others Over Alleged Insensitive Remarks Against Persons with Disabilities

The Supreme Court on Monday issued notices to comedian Samay Raina and four others for allegedly making insensitive remarks about persons with disabilities.

A Bench comprising Justices Surya Kant and N Kotiswar Singh directed the Commissioner of Police, Mumbai, to 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 at the next hearing.

“The Commissioner of Police, Mumbai, is directed to serve notices on respondent nos. 6 to 10 to ensure their presence in court on the next date of hearing, failing which coercive steps shall be taken,” the Court ordered.

The direction came while hearing a plea filed by Cure SMA India Foundation, which accused Raina of making derogatory comments about the high cost of treatment for Spinal Muscular Atrophy (SMA) and mocking a person with disability.

The petition also urged the Court to frame regulations governing the broadcast of online content that violates the dignity and right to life of persons with disabilities.

Taking note of the matter's significance, the Court impleaded the State of Maharashtra as a party and also issued notices to the Union of India, the News Broadcasters and Digital Association, and the Indian Broadcasting and Digital Foundation.

“In view of the sensitivity and importance of the issue raised by the petitioner-foundation, we request the Learned Attorney General for India to assist the Court in the matter,” the Bench observed.

The Court also sought suggestions from the petitioner’s counsel on possible remedial and punitive measures against individuals who make such offensive statements.

Observing that such speech could breach express constitutional provisions, the Court emphasized the broader impact of such remarks, stating, “They have a damaging effect on the social and legislative efforts aimed at uplifting and integrating persons with disabilities.”

“Any speech meant to demean a community... if that is what liberty has come to mean, we will have to curtail it,” the Court warned.

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