New Delhi: The times are certainly not right for comedian Samay Raina. Days after getting into trouble over the ‘India’s Got Latent’ controversy, he along with four others have been summoned by the Supreme Court on charges of ridiculing persons with disability and rare diseases over social media.
“Show up or face action,” the Supreme Court bench said, promising to ‘curtail demeaning speech’.
The Court was hearing a plea by M/s Cure SMA Foundation, an NGO, alleging that Raina, along along with social media influencers Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai and Nishant Jagdish Tanwar.
The bench of Justice Surya Kant and Justice N Kotiswar Singh directed the Commissioner of Police, Mumbai, to issue notice to them so they may be present in court on the next date of hearing. If they fail to appear, coercive action will be taken, the Court warned.
Justice Kant was extremely displeased with the content created by the five. According to him, “Unfortunately, there are people who, in the name of fundamental right of speech, keep on…continue to write articles as if everything is….”.
When senior advocate Aparajita Singh, appearing on behalf of the petitioner, said that such kinds of insensitive jokes actually amount to “hate speech”, Justice Kant responded, “Hate speech, any speech which is meant to demean another…this kind of freedom, if there, we will curtail it. We know how to…”.
Through this direction, the Supreme Court has sent a strong message on the misuse of social media platforms, particularly in cases involving the ridicule of persons with disabilities and rare disorders. The Apex Court emphasized that while the Constitution guarantees the Right to Freedom of Speech and Expression, it is “not absolute”, especially when it comes at the cost of another’s dignity. “No one can demean anybody in the name of free speech,” the court made it clear.
The bench pointed to the influence and reach of social media personalities and described the alleged conduct as “damaging” and “demoralising” to already vulnerable sections of society. The court underlined the urgent need for accountability and indicated that “some remedial and punitive action is needed.”
Raina was recently reprimanded by the Supreme Court for alleged derogatory remarks about visually impaired individuals and people with disabilities on his show. The court had then said it was “really disturbed” by the comments.
