The
Supreme Court on Monday issued notices to stand-up comedians Samay Raina, Vipul
Goyal and three others in response to a plea filed by an NGO alleging that the
individuals mocked people with disabilities and rare medical conditions. The
top court also issued a stern warning against the misuse of social media
platforms, particularly in cases involving the ridicule of persons with
disabilities and rare disorders.
A
bench of Justices Surya Kant and N Kotiswar Singh was hearing a petition filed
by the NGO Cure SMA Foundation of India, which alleged that social media
personalities ridiculed persons with a rare disorder — Spinal Muscular Atrophy
(SMA) — on their show.
The
bench directed Mumbai Police to ensure that the stand-up artists appear before
the court on the next date of hearing, warning, “If they fail to appear,
coercive steps will be taken.”
The
court also said it was considering framing guidelines on social media content
related to the disabled and people with rare disorders.
Describing
the conduct as “damaging” and “demoralising,” the bench observed, “This is
very, very damaging and demoralising. There are statutes which try to bring
these people into the mainstream, and with one incident, the entire effort
goes. You should think of some remedial and punitive action within the law,” it
told senior advocate Aprajita Singh, appearing for the NGO.
During
the hearing, the court reiterated that the fundamental right to freedom of
speech and expression enshrined in the Constitution is not absolute and no one
can be allowed to demean others under its guise.
Raina
is already under scrutiny over a previous controversy involving influencer
Ranveer Allahbadia’s remarks during Raina’s show 'India's Got Latent'. The
controversial exchange with a contestant triggered widespread backlash.
Subsequently, Guwahati Police registered an FIR on 10 February against multiple
influencers, including Raina.