‘A social burden’: Supreme Court asks Samay Raina, others to host shows to raise funds for disabled persons

The plea, against jokes made by Samay Raina and other social media influencers, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwarfeatures, was filed by M/s SMA Cure Foundation, which works for individuals affected by the rare Spinal Muscular Atrophy disease.

Solicitor General Tushar Mehta, appearing for the Centre, appreciated the observation and said humour cannot be at the cost of someone’s dignity.

The court also said there was a need for a “neutral, independent and autonomous” body to regulate obscene, offensive or illegal content in online platforms.

Regarding the issue of framing guidelines or establishing a mechanism to address derogatory remarks and ridicule directed at persons with disabilities (PwD), the bench was informed by the Ministry of Broadcasting that certain guidelines are currently being developed.

The bench asked the ministry to bring the guidelines in the public domain for discussion and listed the matter after four weeks.

Samay Raina and others spared of other punitive measures

Asking the influencers to be careful about their conduct in future, the bench also directed comedians Samay Raina and others to hold two programmes or shows per month about the success stories of PwDs to generate funds for the treatment of disabled persons, especially those suffering from SMA.

The bench said it is part of a social penalty, and they are spared from other punitive measures. They have been asked to do so as a reparation for their insensitive jokes about the disabled.

CJI Kant said the influencers can invite specially abled persons on their platforms to promote the cause of generating funds to provide timely treatment to those suffering from rare diseases such as SMA.

The bench refused to consider the plea for recall of the direction on the ground that they are not hosting shows that regularly.
“This is a social burden we are putting on you,” it said.