- A lawyer argued that offensive expressions used to mock disabled persons by Mr Raina and others amount to "hate speech"
- The Supreme Court has said it will "scrutinise individual conduct minutely"
- The bench asked Mr Raina and others to submit their response within two weeks
Terming jokes made by standup comic Samay Raina and other comedians on persons with disabilities and those suffering from rare diseases "disturbing," the Supreme Court has said it will "scrutinise individual conduct minutely".
Hearing a petition by the CURE SMA (spinal muscular atrophy) Foundation of India on Tuesday, the bench of Justices Surya Kant and Joymalya Bagchi directed the stand-up comics to reply to the plea, which has highlighted insensitive jokes by them, and remain present in court again during the next hearing, which will be in three weeks
Appearing for the foundation, Senior Advocate Aparajita Singh had argued that offensive expressions used to mock people with disabilities by Mr Raina and others amount to "hate speech", which does not deserve any protection under the right to free speech guaranteed under Article 19(1)(a) of the Constitution.
The top court had taken strong objection to the remarks and directed the impleading of the comics for their crass jokes. After recording the personal presence of the comics in court on Tuesday, the bench asked them to file their replies within two weeks.
The bench also told the Centre that the guidelines on regulating content on social media and OTT platforms should be in conformity with constitutional principles, balancing the right to freedom with duties of citizens.
Guidelines
Earlier, the top court, while hearing YouTuber Ranveer Allahabadia's case over his controversial remarks on 'India's Got Latent', had directed the Centre to consider bringing in guidelines to regulate vulgar and crass content on social media and OTT platforms.
"...you have to have guidelines which are in conformity with constitutional principles, comprising both parts - freedom, where the limit of that freedom ends, and where duties start...we would like to invite open debate on that," Justice Kant said.
He made it clear that the court will have an open debate on the guidelines and also sought the views of all stakeholders.
On May 5, the Supreme Court had summoned five influencers and stand-up comics, including Samay Raina, over offensive and derogatory remarks made against persons with disabilities.
The top court had said any speech that demeans a community or class of persons would be curtailed.
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