SC tells Samay Raina to host specially abled twice a month after insensitive jokes

The Supreme Court on Thursday (November 27) directed comedians Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagadish Tanwar to feature programmes in their shows highlighting success stories of persons with disabilities, with the aim of raising funds for treatment, particularly for those suffering from Spinal Muscular Atrophy (SMA).

Court rejects dilution plea

They were instructed to do this as reparations for making insensitive jokes about disabled persons. The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said such programmes must be aired at least twice a month. The court added that the comedians may invite persons with disabilities onto their platforms to help generate funds for the timely treatment of rare diseases such as SMA.

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Though counsel for the comedians requested the bench to withdraw the requirement of holding two programmes a month, arguing that they do not perform shows that frequently, the court declined. The counsel noted that shows depend on sponsors and are not a monthly occurrence. “I will invite them to whatever shows I hold,” he said. The bench refused to modify its order, stating, “This is a social burden we are putting on you.” When the petitioner’s counsel asked, “How difficult is it to host on their YouTube?”, the comedians’ counsel agreed to comply.

The direction came in a writ petition filed by M/s Cure SMA Foundation seeking guidelines against jokes that undermine the dignity of persons with disabilities. The petitioner highlighted a joke Samay Raina made about a child with SMA. Earlier, after being summoned, the comedians had appeared before the Court and were told to issue public apologies on their platforms.

Call for stronger laws

During the hearing, Senior Advocate Aparajita Singh, representing the Cure Foundation, informed the bench that many children with SMA have achieved significant milestones. She said one now works at Microsoft, another studies at Michigan State University, one is a classical singer, another an Assamese writer and publisher, and another is pursuing a PhD in Bioinformatics. She noted that parents were able to fund their children’s treatment through crowdfunding. Humiliating jokes like those made by Raina, she argued, make raising such funds harder.

She added that the organisation rejected Raina’s offer to pay Rs 2.5 lakh, as the issue concerned dignity, not money. Singh also said there is a need for a dedicated platform to raise CSR funds for children with rare diseases. At this point, CJI Kant suggested that India should consider a “stringent law” similar to the SC/ST Act to criminalise degrading jokes about disabled persons.

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“Why don’t you consider a very stringent law like the SC/ST Act, where demeaning them invites punishment?” the CJI asked the Solicitor General. The SG agreed, remarking that humour must not violate anyone’s dignity. The CJI cautioned the comedians to be mindful of their conduct in the future. He also noted that he was aware of the remarks Raina had made from Canada mocking the Supreme Court.