The Supreme Court of India has reprimanded five social media influencers, including stand-up comedian Samay Raina, for making what it called “insensitive jokes” about people with disabilities and rare genetic disorders. The court has ordered them to issue a public apology.
The Petition and Accusations
The legal action was initiated by the CURE SMA (Spinal Muscular Atrophy) Foundation of India. The petition specifically named Samay Raina, Vipul Goyal, Balraj Paramjit Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar, accusing them of mocking individuals with conditions like SMA and visual impairments. The foundation provided several examples of the jokes from shows, including Raina’s popular program ‘India’s Got Latent’.
One of the specific instances cited was a joke by Raina regarding a charity drive for a two-month-old baby with a rare disease, which requires a ₹16 crore injection. The joke referenced the life-threatening condition of Spinal Muscular Atrophy. In his routine, Raina humorously questioned a mother’s decision-making if she were to receive that money, suggesting she might reconsider due to rising inflation and the child’s uncertain survival. This clip had previously gone viral, with many labeling it “dark” or “dank” humor.
Court’s Reprimand and Directives
A bench of Justices Surya Kant and Joymalya Bagchi criticized the comedians’ actions, stating that freedom of speech does not extend to commercial content that offends vulnerable communities. The court also ordered the Central government to create new guidelines to curb speeches that mock disabled persons, women, children, and senior citizens. The justices emphasized that these guidelines should not be rushed but should be based on broad parameters with input from all stakeholders.
The court singled out Samay Raina for his initial affidavit, noting that he had tried to justify his behavior and portray himself as innocent. The bench mentioned it would consider imposing further penalties on the influencers at a later stage. All five individuals were present in court, except for Sonali Thakkar, who was exempted from physical appearance on the condition that she would broadcast an unconditional apology on her program.