‘Implead…then we’ll see’: SC ‘disturbed’ by Samay Raina’s jokes

The Supreme Court has taken cognisance of comedian Samay Raina's "insensitive" jokes about people with disabilities, saying it was "really disturbed" by the allegations.

The apex court’s remarks came on an intervention application filed by the Cure SMA Foundation of India.

Insensitive ‘jokes’

Samay Raina had in one of his shows spoken about a “charity case” involving a two-month-old baby suffering from spinal muscular atrophy (SMA). He said “something crazy” had happened, and that a baby required a Rs 16-crore injection.

The comedian then asked a woman in the audience if she were the mother of that baby and if Rs 16 crore appeared in her bank account, “wouldn’t you at least look at your husband once and say …hmmm…inflation is rising.”

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Raina had also cracked a “joke” at a blind person’s expense, and reportedly asked him, “Can I ask you a question, my brother…which of your eyes should I look into?”

“We are really disturbed by the allegations. We place such instances on record, and implead the concerned persons. Suggest measures. Then we will see,” said Justice Surya Kant of the Supreme Court.

Call for regulation

The Cure SMA Foundation asked the court to direct the Centre to include provisions in a proposed regulatory framework “to regulate any derogatory, denigrating, ableist, and/or belittling content against persons with disability, their diseases, and their treatment options”.

The foundation said publishers of online curated content, of news and current affairs content, and self-styled influencers should also be regulated.

“There should be the highest degree of sensitivity and compassion in dealing with people suffering from SMA. This becomes a mammoth task when certain individuals like Samay Raina host a comedy show and make insensitive commentaries on persons with such condition and the high cost of drugs and treatment options," said the foundation.

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The petitioner slammed Raina’s remarks as one of “numerous instances on social media in which persons with disabilities (and their issues) are objects of derision, pity, or public entertainment”.

“Free speech cannot carry with it the liberty to speak loosely on such serious issues and dismiss such statements as satire,” argued the foundation.

Exorbitant price of drugs

The petitioner also asked the court to consider the issue of the exorbitant price of drugs to treat SMA. Zolgensma, a one-time gene therapy for SMA patients, reportedly costs Rs 16 crore.

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The foundation said this kind of medicines are beyond the capacity of the vast majority of India’s population, and crowdsourcing or public fundraising, which Raina seemed to make fun of, is often the only way for poor people to be able to buy the medicines.

Probe against Allahbadia completed

The Supreme Court on Monday (April 21) observed that the probe in relation to podcaster Ranveer Allahbadia was completed, and said it would on April 28 hear his plea for the return of his passport in a case of distasteful remarks in a YouTube show.

On February 18, the top court had protected Allahbadia from arrest in multiple FIRs and had directed him to deposit his passport with the investigating officer.