The Supreme Court on Thursday highlighted the urgent need for stronger protections for persons with disabilities (PwDs) and asked five social media influencers, including stand-up comedian Samay Raina, to organize programs to raise funds and awareness for the differently-abled, particularly those suffering from rare diseases like Spinal Muscular Atrophy (SMA).
The court’s directive came as part of a broader concern over insensitive jokes and online content ridiculing PwDs and individuals with rare genetic disorders. Senior advocate Aparajita Singh, representing M/s SMA Cure Foundation, noted that many SMA patients have achieved remarkable accomplishments despite their challenges, and their families struggle to arrange timely treatment, often through crowdfunding.
Court proposes stringent legal framework
While directing the comedians to hold at least two events per month showcasing success stories of PwDs, the bench — comprising Chief Justice Surya Kant and Justice Joymalya Bagchi — also asked the Centre to consider framing a statute akin to the SC-ST Act. The SC-ST Act criminalizes casteist slurs, discrimination, humiliation, and violence, making such offences non-bailable.
"Why can't you bring a stringent law on the lines of the SC-ST Act which criminalises casteist remarks — there is punishment if you demean them," the court said. Solicitor General Tushar Mehta acknowledged that humour cannot come at the cost of someone’s dignity.
The bench emphasized the need for a neutral, independent, and autonomous body to regulate offensive, obscene, or illegal content on online platforms, noting that self-styled or self-regulatory bodies had failed to prevent repeated violations. The Ministry of Broadcasting informed the court that certain guidelines were under preparation, which should be brought into the public domain for discussion.
Comedians tasked with social responsibility
The court specifically directed Samay Raina and four others — Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar — to host two programs per month highlighting success stories of PwDs. These events are intended to generate funds for treatment and to instill public awareness.
CJI Surya Kant explained that the initiative is part of a "social penalty," sparing them other punitive measures, while reinforcing the responsibility of content creators in maintaining dignity and respect. The influencers were urged to invite specially-abled individuals onto their platforms to promote wider visibility and support for the cause.
Balancing Freedom of Speech and responsibility
The court underscored that freedom of speech is an invaluable right but cannot justify content that is perverse or ridicules vulnerable groups. “Commercial and prohibited speeches are not covered under the fundamental right,” it stated, while also noting that regulatory mechanisms must be independent and free from exploitation.
Attorney General R Venkataramani and Solicitor General Tushar Mehta informed the bench that consultations on fresh guidelines for online content regulation were ongoing. The bench appreciated the voluntariness of the comedians to participate in raising funds and spreading awareness, highlighting that such measures can foster dignity, respect, and social responsibility among influencers and their audiences.