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SC Slams Samay Raina, Orders Apology for Mocking Disabled People; Guidelines on Offensive Content Coming Soon

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The Supreme Court on Monday pulled up five social media influencers, including comedian and India’s Got Latent host Samay Raina, for making fun of people with disabilities and rare genetic disorders. The court ordered them to issue a public, unconditional apology on all their social media platforms.

A bench of Justices Surya Kant and Joymalya Bagchi made it clear that freedom of speech cannot be misused to target or insult vulnerable communities.

“Freedom of expression must be exercised responsibly. Social media content cannot come at the cost of human dignity,” the court observed.

What the Case Is About

The influencers were accused of mocking people with Spinal Muscular Atrophy (SMA), visual impairments, and other disabilities in their podcasts and online videos. The court also noted that Raina’s initial affidavit sounded like he was justifying his actions instead of showing remorse.

Justice Kant compared the apology to “purging contempt”, and asked the influencers how much penalty they were ready to pay—money that could go towards the treatment of patients with rare disorders like SMA. The bench warned that financial penalties could still be imposed later.

Guidelines to Stop Offensive Content

The Supreme Court also directed the Centre to draft comprehensive guidelines to regulate offensive content on social media—especially posts targeting persons with disabilities, women, children, and senior citizens.

Attorney General R. Venkataramani told the court that the government was already working on such rules, though he ruled out any “gag order.” The bench agreed, stressing that the guidelines must be open for public feedback.

“There should be accountability. Today it is disabled people, tomorrow it can be women, children, or senior citizens,” Justice Kant said.

Who Else Is Involved?

Along with Samay Raina, the other influencers pulled up by the court are Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar (Sonali Aditya Desai), and Nishant Jagdish Tanwar. Except Sonali Thakkar, all were present in court.

Justice Bagchi reminded them that comedians must be extra careful when joking about communities already facing social discrimination.

NGO Cure SMA Foundation of India, which filed the petition, said the influencers have now shown remorse and apologized. Their lawyer also pointed out that the IT Rules and the Cinematograph Act already prohibit targeting people with disabilities.

She suggested that instead of mocking, influencers should use their platforms to spread awareness about rare disorders and disabilities.

Background of the Case

The controversy first reached the Supreme Court on July 15, after huge backlash over the offensive remarks.

Samay Raina was also booked by Maharashtra and Assam police for derogatory comments made on his YouTube show India’s Got Latent, co-hosted with podcaster Ranveer Allahbadia.

In February, the top court gave Allahbadia interim protection from arrest, but not without sharp words, calling his comments “vulgar” and saying he had a “dirty mind” that brought “shame to society.”

Others named in the Assam case include popular comedians Ashish Chanchlani, Jaspreet Singh, and Apoorva Makhija.

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SRC-The New Indian Express

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