The Supreme Court on Monday issued a stern directive to five social media influencers, including comedian and YouTuber Samay Raina, to appear before it in connection with a plea accusing them of ridiculing persons with disabilities and those suffering from the rare genetic disorder Spinal Muscular Atrophy (SMA). The court warned that failure to appear would lead to coercive action.
A bench comprising Justices Surya Kant and N Kotiswar Singh described the influencers’ conduct as “damaging” and “demoralising,” stressing that serious remedial and punitive action was needed to prevent such incidents in the future. The court also acknowledged that while the right to free speech is fundamental, it is not absolute and cannot be used as a shield to demean others.
The plea, filed by NGO Cure SMA Foundation of India, alleged that Raina and others made derogatory remarks during their YouTube show India’s Got Latent, triggering public outrage and legal scrutiny. Along with Raina, the show’s guests including popular podcaster Ranveer Allahbadia, comedians Ashish Chanchlani, Jaspreet Singh, and Apoorva Makhija were also named in the complaint filed earlier this year.
While Allahbadia was previously granted interim protection from arrest by the top court, the bench noted his comments were “vulgar” and said he possessed a “dirty mind” that brought shame to society.
The court has now also issued notices to four more influencers — Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar — and directed the Mumbai Police Commissioner to serve notices ensuring their presence in court. The court stated that if they fail to appear, coercive measures will be initiated.
Expressing deep concern over the incident, Justice Surya Kant remarked, “This is very, very damaging and demoralising. There are statutes that try to bring these people into the mainstream, and with one incident, the entire effort goes.”
Senior advocate Aprajita Singh, representing the NGO, argued that the incident amounted to hate speech and called for urgent judicial intervention. She urged the court to lay down clear legal guidelines for online content dealing with disabilities and rare disorders.
The court, recognising the broader implications of the case, has sought assistance from Attorney General R Venkataramani and issued notice to the Maharashtra government. The matter will be heard next on July 15.
The NGO argued that the current legal framework lacks explicit provisions to protect the dignity of persons with disabilities in online media, thereby violating Articles 14 and 21 of the Constitution and failing to comply with the objectives of the Rights of Persons with Disabilities (RPwD) Act.
“The absence of proper representation and regulation in digital spaces results in the systematic objectification and marginalisation of persons with disabilities,” the NGO stated, adding that both state and private actors have a responsibility to ensure dignity-affirming content.
As the case unfolds, the apex court’s strong stance could pave the way for new content standards and accountability measures on social media platforms concerning sensitive and inclusive representation
Sources By Agencies
