In a significant order addressing dignity and representation of persons with disabilities, the Supreme Court has directed stand-up comedians Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagadish Tanwar to host programmes spotlighting inspiring achievements of individuals with disabilities. The Court clarified that these shows must be conducted at least twice every month and should also be used to raise financial support for treatment of persons suffering from rare disorders such as Spinal Muscular Atrophy (SMA).
The directions were issued by a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi in proceedings initiated by Cure SMA Foundation of India, which approached the Court after certain comedians made derogatory remarks about disabled persons, including a child affected by SMA. Earlier, the comedians were directed to tender public apologies on their respective platforms.
Counsel appearing for the comedians requested relaxation of the mandate for two monthly programmes, stating that performances are usually event-based and not held every month. The Bench, however, declined to dilute its directions, making it clear that the obligation imposed is a form of social accountability. When concerns were raised about the feasibility of conducting frequent shows, the Bench pointedly remarked that digital platforms like YouTube offer sufficient scope for fulfilling the directions.
Senior Advocate Aparajita Singh, representing the petitioner organisation, informed the Court that several children affected by SMA have excelled in diverse fields, ranging from employment at multinational companies like Microsoft to pursuing higher education abroad, classical music, regional literature, and PhD programmes. She highlighted that many families managed to secure life-saving treatment only through public crowdfunding, and insensitive humour undermines such efforts.
The Foundation declined an offer of ₹2.5 lakh from comedian Samay Raina, stating that the issue was not monetary but one of dignity. Singh also stressed the need for a structured mechanism, possibly through CSR channels, to finance treatment for individuals suffering from rare diseases.
During the hearing, CJI Kant observed that there may be a need for a dedicated statutory framework, akin to the SC/ST Act, to criminalise humiliating conduct directed at persons with disabilities. The Solicitor General concurred that humour must never compromise individual dignity.
The Bench also reminded the comedians to exercise caution in future, noting that the Court was aware of disparaging remarks allegedly made abroad as well. “You and your team must be extremely careful henceforth, whether within India or outside,” the CJI observed.
In its written order, the Court acknowledged the success stories placed on record and suggested that the government consider creating or publicising a dedicated corpus fund to support treatment of specially-abled persons. The Court recorded that respondents 6 to 10 (the comedians) voluntarily agreed to organise a minimum of two events per month, and permitted them to invite individuals whose stories were referenced during the hearing.
The Court expressed confidence that sincere efforts by the comedians would encourage accomplished differently-abled individuals to participate, thereby enhancing visibility for the cause. The matter will be taken up next after these initiatives have commenced.
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