In a significant development addressing concerns over the denigration of persons with disabilities in online content, the Supreme Court on Monday directed comedians Samay Raina, Vipul Goyal, and three others to appear personally before it in connection with a petition alleging the use of insensitive and mocking humour targeting individuals with disabilities.
A Bench comprising Justice Surya Kant and Justice N. Kotiswar Singh issued the directive while hearing a writ petition filed by Cure SMA Foundation. The Court also instructed the Commissioner of Police to serve notices to all five respondents to ensure their appearance on the next date of hearing, warning that “coercive steps will be taken” in case of non-compliance.
Apart from Raina and Goyal, the others summoned include Balraj Paramjeet Singh Ghai, Sonali Thakkar (also known as Sonali Aditya Desai), and Nishant Jagdish Tanwar.
According to the Foundation’s petition, comedian Samay Raina allegedly made jokes during a show that ridiculed the high cost of a life-saving treatment for a two-month-old child suffering from Spinal Muscular Atrophy (SMA). In another instance, he purportedly mocked a blind and cross-eyed person. The petition also points to alleged involvement of certain cricketers in producing content that demeaned individuals with disabilities.
The controversy traces back to an intervention application the Foundation had earlier filed in proceedings related to YouTuber Ranveer Allahabadia, concerning the broader issue of regulating obscene and offensive content on platforms like YouTube. During that hearing, the Court had signalled its intent to examine the wider implications of such content and sought the Union Government’s stance.
The Foundation contends that while humour can be a tool to challenge societal perceptions about disability, “disabling humour”—which demeans or degrades persons with disabilities—requires clear safeguards within the regulatory framework. The petition underscores the misuse of Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression, by various content creators and influencers who publish material that allegedly crosses ethical and legal boundaries.
On April 21, during the earlier hearing, Justice Surya Kant had suggested that the Foundation file a comprehensive petition, impleading all relevant individuals and submitting supporting material such as video clippings and transcripts. “This is a very, very serious issue. We are really disturbed to see that. We would like you to place on record the instances also… Then we will see,” he had remarked.
The Foundation, in compliance with the court’s suggestion, filed the present petition and urged the Court to frame appropriate guidelines to ensure the dignity and rights of persons with disabilities are not violated under the guise of humour or free speech.
The matter is expected to be taken up further on the next date of hearing, with the presence of the named individuals now mandated by the Court.
