NEW DELH: The supreme court on Monday ordered five stand-up comics, including YouTuber Samay Raina, to publish public apologies on YouTube and other social platforms for cracking jokes at the expense of persons with disabilities (PwDs).
A bench of justices Surya Kant and Joymalya Bagchi was hearing a plea by SMA Cure Foundation, represented by senior advocate Aparajita Singh, which flagged offensive remarks by Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai and Nishant Jagdish Tanwar.
The court said it would determine financial penalties later, but made clear that “the degree of repentance should be higher than the degree of offending”. It also allowed the information and broadcasting ministry to join the proceedings, with attorney general R Venkataramani asked to draft guidelines on social media speech, ensuring dignity without imposing a gag.
Justice Bagchi warned that comedy which commercialises speech by ridiculing communities crosses the line: “Humour is part of life. We laugh at ourselves. But when it targets others and breaches sensibility, it becomes problematic.”
Justice Kant added that penal consequences under the IT Act should match the harm caused.
Singh suggested that the comedians use their influence to spread awareness about disability rights, calling it the best form of apology. The judges asked the comics to respond to this proposal, noting that influencers have a duty not to hurt marginalised communities.
The matter stems from Raina’s alleged jokes about the cost of treatment for spinal muscular atrophy, which the foundation said mocked both patients and their families. The court earlier compelled the comedians’ attendance, though their presence has now been dispensed with, provided they honour their undertakings.
The bench stressed that free speech under Article 19 cannot override the right to dignity under Article 21. As Justice Kant put it: “Today it is the disabled, tomorrow it could be something else. Where will this end?”