Comedian Samay Raina and several of his peers have found themselves embroiled in a significant legal controversy, stemming from their popular online show ‘India’s Got Latent’. The show came under intense scrutiny for allegedly mocking individuals with disabilities, leading to widespread national outrage, the filing of First Information Reports (FIRs), court hearings, and even debates within Parliament.

Amidst these serious developments, Samay Raina's characteristic wit made an unexpected appearance outside the Supreme Court. Videos of his cheeky remarks quickly went viral, showcasing his ability to deliver clever lines even under pressure. On a recent Tuesday, Samay, accompanied by Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar (also known as Sonali Aditya Desai), and Nishant Jagdish Tanwar, appeared before the Supreme Court to submit a written apology concerning the case.

When approached by paparazzi eager for a statement, Samay maintained his composed and clever demeanor, responding, "Wahin kahenge na, aapko thodhi kahenge" (Whatever I have to say, I’ll say in court, not to you). This witty retort rapidly circulated across social media platforms. In another instance outside the court, when questioned about the allegations, Samay humorously stated, "I support (YouTuber) Mohak Mangal." Earlier this year, Samay and influencer Ranveer Allahbadia were booked by police in Maharashtra and Assam for offensive comments made on their YouTube show.

Photo Credit: NDTV

Additionally, Samay appeared before the National Commission for Women, providing a written apology for remarks from his show that were perceived as disrespectful to women. Later, Samay shared an Instagram story with his lawyer, Himanshu Shekhar, calling him his "main man," expressing trust during this challenging period.

The Supreme Court has taken a stern stance on the matter, declaring that insensitive jokes that mock disabled people violate their fundamental right to dignity. The bench, comprising Justices Surya Kant and Joymalya Bagchi, heard a petition filed by the SMA Cure Foundation, which accused the aforementioned comedians of making insensitive jokes that ridiculed the disabled.

During the proceedings, the court emphasized that Article 19 of the Constitution, which guarantees freedom of speech and expression, cannot supersede Article 21, which upholds the right to dignity emanating from the right to life and liberty. The bench asserted, "Article 21 must prevail if any competition takes place," and invited suggestions from both the public and the bar to formulate a comprehensive framework to ensure that the dignity of disabled people and others is not violated.

The court directed comedians Raina, Goyal, Ghai, and Tanwar to appear in person at the subsequent hearing, while granting Sonali Thakkar permission to join virtually. Reports indicate that the bench formally recorded their presence and allocated two weeks for them to submit their replies to the petition filed by the Cure SMA Foundation, an NGO representing individuals affected by Spinal Muscular Atrophy (SMA), a rare genetic disorder. The court issued a strict warning that no further extensions would be granted, and any absence at the next hearing would be "viewed seriously."

Addressing broader concerns regarding online content, the bench instructed Attorney General R Venkataramani to assist in developing guidelines for digital platforms that would effectively balance freedom of expression with the rights of marginalized communities. Venkataramani requested additional time for deliberation, noting that the enforceability of such guidelines would necessitate detailed consideration. The bench underscored the long-term impact of their actions, stating, "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 so that the dignity of anyone is not violated."

The petitioner alleged that the comedians, during their digital shows, not only mocked individuals suffering from SMA and other disabilities but also trivialized the high cost of treatment for such rare conditions. The court had previously summoned the comedians on May 5 following the petition, which highlighted videos where Raina and others allegedly made "offensive, denigrating, and dehumanising" remarks about persons with disabilities. The NGO contended that such content violated Articles 14 and 21 of the Constitution, which guarantee the right to equality and dignity, and fell outside the reasonable restrictions outlined in Article 19(2) governing free speech.

Photo Credit: Times of India

It also requested the court to impose a positive obligation on both governmental and private entities to adopt a unique standard for the representation of persons with disabilities in the online domain. Additionally, the court issued notices to the Union of India, specifically through the Ministries of Information and Broadcasting, Electronics and Information Technology, and Social Justice and Empowerment, as well as to industry bodies such as the News Broadcasters and Digital Association and the Indian Broadcasting and Digital Foundation.