NEW DELHI: India’s Got Latent host Samay Raina , and four other social media influencers , appeared before the Supreme Court on Tuesday in a case concerning allegations of ridiculing people with disabilities, including those suffering from Spinal Muscular Atrophy (SMA) and blindness.
A bench of Justices Surya Kant and Joymalya Bagchi recorded their presence and directed them to file their replies to the petition within two weeks, warning that no extensions would be granted. The court also instructed them to appear in person on the next date of hearing. An exception was made for influencer Sonali Thakkar , also known as Sonali Aditya Desai, who was permitted to appear virtually due to a physical condition.
The bench, according to news agency PTI, observed the matter raised serious concerns and said that any absence by the influencers during the next hearing would be “viewed seriously.” The conduct of the influencers, the court said, was “damaging” and “demoralising,” and called for serious remedial and punitive action to ensure such incidents are not repeated.
On the larger issue of social media content and accountability, the court asked Attorney General R Venkataramani to assist in framing guidelines that balance freedom of speech with the rights and dignity of others. Venkataramani sought time to deliberate, noting that enforceability would require detailed consideration.
Justice Surya Kant remarked, “There are many free advisors in the market. Ignore them. The guidelines should be in conformity with constitutional principles balancing freedom and the rights and duties of a person. Then we will examine it. We will have open debate on such guidelines. Let all members of the bar and stakeholders including the so-called stakeholders also come and give their viewpoints.”
Stressing the importance of dignity, Justice Kant added, “We need to understand that the right to dignity also emanates from the right which someone else is claiming. Article 19 of the Constitution,” he said, “can't overpower Article 21. Suppose a race takes place between Article 19 and 21, Article 21 has to trump Article 19.”
He also underlined the need to frame guidelines with utmost caution. Speaking to senior advocate Aprajita Singh, who appeared for the NGO, Justice Kant said, “What we are doing is for posterity. You have to ensure that not a single word is misused by anyone. You have to ensure balance. We have to protect citizens' rights. A framework must be there that the dignity of anyone is not violated.”
The top court had issued notices to Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar, following a plea filed by NGO Cure SMA Foundation of India, which alleged that the influencers mocked persons with disabilities on a YouTube show.
The Supreme Court had earlier, on May 5, warned the five influencers to appear before it or face coercive action. It had also directed the Mumbai Police Commissioner to serve notices to the individuals to ensure their attendance.
Raina, along with podcaster Ranveer Allahbadia, had been booked by police in Maharashtra and Assam over their comments made on the YouTube show India’s Got Latent. On February 18, the apex court granted interim protection to Allahbadia, but not before making scathing remarks on his conduct.
The court had said his comments were “vulgar” and that he had a “dirty mind” which “put society to shame.”
Others named in the case in Assam include comedians Ashish Chanchlani, Jaspreet Singh, and Apoorva Makhija. The court is also contemplating whether individual misconduct of this nature should be scrutinised more seriously under constitutional provisions, especially in light of the rights of people with rare disorders and disabilities.
“No one,” the court said, “can be allowed to demean anybody under the garb of the right".
A bench of Justices Surya Kant and Joymalya Bagchi recorded their presence and directed them to file their replies to the petition within two weeks, warning that no extensions would be granted. The court also instructed them to appear in person on the next date of hearing. An exception was made for influencer Sonali Thakkar , also known as Sonali Aditya Desai, who was permitted to appear virtually due to a physical condition.
The bench, according to news agency PTI, observed the matter raised serious concerns and said that any absence by the influencers during the next hearing would be “viewed seriously.” The conduct of the influencers, the court said, was “damaging” and “demoralising,” and called for serious remedial and punitive action to ensure such incidents are not repeated.
On the larger issue of social media content and accountability, the court asked Attorney General R Venkataramani to assist in framing guidelines that balance freedom of speech with the rights and dignity of others. Venkataramani sought time to deliberate, noting that enforceability would require detailed consideration.
Justice Surya Kant remarked, “There are many free advisors in the market. Ignore them. The guidelines should be in conformity with constitutional principles balancing freedom and the rights and duties of a person. Then we will examine it. We will have open debate on such guidelines. Let all members of the bar and stakeholders including the so-called stakeholders also come and give their viewpoints.”
Stressing the importance of dignity, Justice Kant added, “We need to understand that the right to dignity also emanates from the right which someone else is claiming. Article 19 of the Constitution,” he said, “can't overpower Article 21. Suppose a race takes place between Article 19 and 21, Article 21 has to trump Article 19.”
He also underlined the need to frame guidelines with utmost caution. Speaking to senior advocate Aprajita Singh, who appeared for the NGO, Justice Kant said, “What we are doing is for posterity. You have to ensure that not a single word is misused by anyone. You have to ensure balance. We have to protect citizens' rights. A framework must be there that the dignity of anyone is not violated.”
The top court had issued notices to Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar, following a plea filed by NGO Cure SMA Foundation of India, which alleged that the influencers mocked persons with disabilities on a YouTube show.
The Supreme Court had earlier, on May 5, warned the five influencers to appear before it or face coercive action. It had also directed the Mumbai Police Commissioner to serve notices to the individuals to ensure their attendance.
Raina, along with podcaster Ranveer Allahbadia, had been booked by police in Maharashtra and Assam over their comments made on the YouTube show India’s Got Latent. On February 18, the apex court granted interim protection to Allahbadia, but not before making scathing remarks on his conduct.
The court had said his comments were “vulgar” and that he had a “dirty mind” which “put society to shame.”
Others named in the case in Assam include comedians Ashish Chanchlani, Jaspreet Singh, and Apoorva Makhija. The court is also contemplating whether individual misconduct of this nature should be scrutinised more seriously under constitutional provisions, especially in light of the rights of people with rare disorders and disabilities.
“No one,” the court said, “can be allowed to demean anybody under the garb of the right".
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