SC Raps Samay Raina, Demands Replies Over Jokes Mocking Disabled Persons

Supreme Court Pulls Up Samay Raina, Other Comedians for Derogatory Jokes on Disabilities

The Supreme Court on Tuesday reprimanded stand-up comedian Samay Raina and four other social media personalities for allegedly making derogatory comments against people with disabilities. The apex court termed the content ‘disturbing' and resolved to examine the individual behavior of each of the accused.

A bench of Justices Surya Kant and Joymalya Bagchi was considering a plea by CURE SMA Foundation of India. The trust had raised the issue of online content ridiculing people with spinal muscular atrophy (SMA), blindness, and other disabilities.

The Supreme Court asked the comedians to submit their replies in two weeks and come for the next hearing in person, fixed three weeks from now.

Five Influencers Face Heat, Must File Replies

Apart from Raina, notices were previously served on comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, alias Sonali Aditya Desai, and Nishant Jagdish Tanwar. Although all five showed up in court on Tuesday, Thakkar was allowed to participate in subsequent hearings remotely because of a physical condition.

The court asserted categorically that no more extensions would be allowed for the filing of replies to the petition. This would charge the comics with crossing the line between humor and hate speech.

Not Comedy, But Hate Speech: Petitioner's Counsel

Senior Advocate Aparajita Singh, representing the foundation, argued that the comments of the comedians were not just in bad taste but constituted hate speech.

“Such usage dehumanises individuals with disabilities. They don't qualify for protection under Article 19(1)(a),” Singh informed the court.  The attorney described jokes on uncommon diseases and impairment as a demonstration of social insensitivity, not satire.

Content Guidelines for OTT, Social Media Under Scanner

The hearing also prompted broader observations from the court on unregulated content posted on social media and OTT platforms. Justice Kant observed that the government has to ensure that any guidelines on content are constitutionally valid. This requires them to find a balance between freedom of speech and the responsibility of citizens.

“You need to have rules in place that are demarcating where freedom ends and responsibility starts,” the bench stated, seeking suggestions from stakeholders to hold an open public debate.

The remarks come on the heels of similar apprehensions expressed by the court in another case regarding YouTuber Ranveer Allahabadia over footage from the YouTube show India's Got Latent, that also included Samay Raina and had since then been removed.

Samay Raina Avoids Comment, Says ‘Will Speak in Court’

Outside the Supreme Court, Samay Raina declined to speak to the media about the allegations. When asked for a response, he simply said, “Wahin kahenge na, aapko thode hi kahenge (I’ll say what I have to in court, not to you),” before being escorted into Courtroom 2 by his legal counsel.

Earlier in the day, Raina shared a photo on Instagram with his attorney, Himanshu Shekhar, who was referred to as his “main man”.

Several Legal Issues for Comedians

The current case is not the only legal issue Raina has to deal with. He was previously booked by the Maharashtra and Assam police for purportedly objectionable content on India's Got Latent. On Tuesday, he also appeared before the National Commission for Women (NCW) to answer complaints regarding disrespectful comments made concerning women in the same show.

In an NCW statement, Raina penned a written apology, apologized for his comments, and promised to produce content that maintains the dignity of women and spreads awareness on gender rights.

Court Sends Message

The bench reasserted that no speech or content that humiliates a part of society or a weaker section would be accepted in the name of humor or creativity.

“Freedom of speech has limits,” the court noted, emphasizing the responsibility for digital content creators and comedians to behave sensibly. The next hearing is scheduled in three weeks, and all attention will be drawn to the reaction of the accused comedians to the charges.