NEW DELHI: Coming down heavily on comedians Samay Raina and four others for their alleged insensitive remarks against persons with disability, the Supreme Court on Monday issued summons and asked them to personally appear before it to explain the reasons.
"Hate speech, any speech which is meant to demean another... this kind of freedom, if there, we will curtail it. We know how to...," said, a two-judge bench of the apex court, led by Justice Surya Kant and Justice N Kotiswar Singh.
The top court sought personal presence of Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar aka Sonali Aditya Desai and Nishant Jagdsish Tanwar before it, after hearing a petition filed by an NGO, M/s Cure SMA Foundation, seeking prohibition on the broadcast of derogatory and denigrating content on the digital media against persons with disability.
The FIRs have been registered against them in Mumbai and Guwahati.
In this regard, the apex court also asked the Commissioner of Police of Mumbai to ensure the presence of all the accused persons before it, on the next date of hearing.
The apex court warned that if they fail to appear before it, coercive steps will be taken to secure their presence.
The petition filed by M/s Cure SMA Foundation, sought issuance of effective guidelines to safeguard the rights and dignity of the persons with disability in the context of the broadcasting of online content.
During the hearing, senior advocate Aparajita Singh, appearing for the NGO, said that such content has very damaging effects on the people with disabilities.
After hearing this, Justice Kant asked her what kind of remedial and curative actions can justifiably be taken against these persons who have indulged in this kind of irresponsible behaviour.
“Very demoralising, damaging effects. You try to uplift through social, legislative means, but with one casual action, completely derailed...,” said, the apex court.
Singh also argued these are influencers. "What they say has weight. It is affecting attitude of entire generation.”
The bench asked Attorney General for India to assist in the matter.
The top court also issued notice to the Union of India through the Ministries of Information and Broadcasting, Electronics and Information Technology, Social Justice and Empowerment, and News Broadcasters and Digital Association, and Indian Broadcasting and Digital Foundation and sought their detailed respective replies on the issue.
The NGO has accused Raina of insensitive remarks on persons with such conditions, high-costing drugs and treatment option for Spinal Muscular Atrophy and also alleged to have ridiculed a person with disability.
