New Delhi – The Supreme Court on Tuesday pulled up stand-up comedian Samay Raina and four other social media influencers over alleged remarks mocking people with disabilities. The court has asked them to submit written responses within two weeks.
A bench of Justices Surya Kant and Joymalya Bagchi directed the influencers to appear in person for the next hearing, warning that no extensions will be granted. The only exception was made for Sonali Thakkar (also known as Sonali Aditya Desai), who has been allowed to attend virtually due to a medical condition.
The court said the issue was serious and described the influencers’ conduct as “damaging” and “demoralising.” It said steps must be taken to prevent such incidents in the future. “Any absence during the next hearing will be viewed seriously,” the bench stated.
The case was filed by the Cure SMA Foundation of India, a non-governmental organization. The petition accuses the influencers of mocking people with Spinal Muscular Atrophy (SMA) and blindness during a YouTube program. Earlier, the court had issued notices to Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar. The Mumbai Police Commissioner had been directed to ensure their appearance.
Social Media and Accountability
The court also raised concerns about the accountability of content on social media and the need to protect individuals’ dignity. It asked Attorney General R. Venkataramani to help draft guidelines that balance the freedom of speech (Article 19) with the right to dignity (Article 21) under the Constitution.
Justice Surya Kant emphasized that in such cases, the right to dignity must take priority over freedom of expression. He also called for broader consultation while drafting the guidelines, involving legal professionals and civil society.
Related Cases
Separately, Samay Raina and podcaster Ranveer Allahbadia have also been booked by police in Maharashtra and Assam over similar remarks made during the same show. The Supreme Court had granted interim protection to Allahbadia in February but criticized his comments, calling them “vulgar” and accusing him of having a “dirty mind.”
Others named in the Assam case include comedians Ashish Chanchlani, Jaspreet Singh, and Apoorva Makhija. The court is now considering whether such behavior should be examined more seriously under constitutional protections, especially in relation to people with disabilities and rare diseases.
“No one can be allowed to demean others under the garb of free speech,” the court said.
