On Thursday, the Supreme Court deliberated on the need for stronger legal safeguards for persons with disabilities, particularly against ridicule and disparaging remarks in public performances. The issue arose from a petition by NGO Cure SMA Foundation, which objected to remarks made by stand-up comedians, including Samay Raina, mocking the high cost of treatment for spinal muscular atrophy (SMA) patients and ridiculing individuals with disabilities in various shows.

The NGO argued that such public mockery hurt the dignity of persons with disabilities and disrupted fundraising efforts, which are largely dependent on donations and crowd-funding. Senior advocate Aparajita Singh, representing the NGO, highlighted that allowing corporate social responsibility (CSR) funds for SMA treatment could significantly mitigate suffering. She also proposed that the comedians feature 11 accomplished SMA patients, including IIT graduates, IT professionals, doctors, authors, and sportspeople, on their digital platforms to raise awareness about the challenges faced by differently-abled individuals.

The Union government, represented by Solicitor General Tushar Mehta, expressed agreement with the Court’s concern over ridicule but cautioned that a law restricting such content could potentially impact creative expression in films, theatre, and comedy, where characters with disabilities are portrayed to highlight social realities. Mehta noted that existing government schemes cover treatment costs up to Rs 50 lakh, but extreme cases, such as one treatment costing Rs 16 crore, demonstrate the limitations of public funding.

The Court took note of these submissions and emphasised the importance of balancing the protection of differently-abled individuals with creative expression, urging measures to raise social awareness while addressing the concerns of the NGO.

 

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Jagriti Sharma