New Delhi, Apr 21 (UNI) The Supreme Court on Monday expressed deep concern over allegations of derogatory and insensitive remarks made against persons with disabilities by stand-up comedian Samay Raina and others, including public figures and cricketers, on social media and digital platforms.
A bench, comprising Justices Surya Kant and N Kotiswar Singh, was hearing an intervention application filed by M/s Cure SMA Foundation, which alleged that during a comedy show, Raina mocked the cost of treatment for a two-month-old child suffering from Spinal Muscular Atrophy (SMA).
In another instance, he reportedly made disparaging comments targeting a blind and cross-eyed individual.
The application also alleged that certain cricketers were seen participating in videos that made fun of persons with disabilities.
"This is a very, very serious issue. We are truly disturbed," said Justice Kant, adding that the Foundation must file a comprehensive writ petition instead of an intervention application.
The Court directed the petitioner to place on record video clippings, transcripts of the alleged remarks, and to implead all concerned individuals.
The bench also asked the Foundation to propose measures to address such forms of "disabling humour."
The plea, argued by Senior Advocate Aparajita Singh, emphasized that the current regulatory framework lacks explicit safeguards to protect persons with disabilities from humiliating and disparaging content masquerading as humour.
The Foundation argued that such misuse of the right to free speech under Article 19(1)(a) undermines the dignity and rights of persons with disabilities.
“Offensive portrayals based on disability reinforce harmful stereotypes, erode self-worth, and contribute to social alienation,” the application stated, urging the Court to examine the larger issue of content regulation without infringing on constitutional freedoms.
This development is part of the ongoing proceedings in a related case involving YouTuber Ranveer Allahabadia (also known as BeerBiceps), whose controversial remarks during an episode of Raina’s YouTube show India’s Got Latent triggered multiple FIRs (first information reports).
The episode, which included vulgar and sexually explicit jokes, went viral and drew significant public backlash.
The Court had earlier granted Allahabadia interim protection while directing him to surrender his passport, and adjourned his plea for its release today, awaiting completion of investigation.
During the hearing, his counsel Dr Abhinav Chandrachud raised concerns about police conduct, stating that repeated questioning was followed by press briefings declaring Allahabadia guilty of obscenity.
Justice Kant responded firmly, “That’s their wisdom… guilt or innocence is to be decided by the Court.”
The controversy had prompted FIRs from police in Guwahati, Maharashtra and Jaipur. While Allahabadia later issued a public apology and removed the offensive content, the Court had earlier imposed restrictions on airing his content.
These were lifted after he gave an undertaking to maintain decency and morality in his shows.
The Court had previously asked the Union Government to submit a proposal for regulating online content in a manner that respects free speech under Article 19(1)(a) yet enforces the reasonable restrictions under Article 19(2) of the Constitution.
The matter will be further considered once Cure SMA Foundation files its detailed petition.
UNI SNG SS