Supreme Court Asks Samay Raina & 4 Other Comedians To Conduct Events To Raise Funds For Persons With Disabilities

The Supreme Court on Thursday (November 27) directed comedians Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagadish Tanwar to telecast programs in their shows about the success stories of persons with disabilities to generate funds for the treatment of disabled persons, especially those suffering from Spinal Muscular Atrophy (SMA).

They have been asked to do so as a reparation for their insensitive jokes about the disabled.

The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed that such programs be held at least twice a month. The bench said that they can invite specially abled persons on their platforms to promote the cause of generating funds to provide timely treatment to those suffering from rare diseases such as Spinal Muscular Atrophy.

Though the counsel for the comedians urged the bench to recall the direction for at least two programs a month, saying that they are not hosting shows that regularly, the bench refused to change its direction. The counsel said that the events are organised by sponsors and are not held every month. "I will invite them on whatever shows I hold," the counsel submitted. The bench refused, saying,"This is a social burden we are putting on you." "How difficult is it to host on their YouTube?" the petitioner's counsel asked. The counsel for the comedians agreed to do so.

The bench passed the direction in a writ petition filed by M/s Cure SMA Foundation seeking guidelines against jokes impinging on the dignity of persons with disabilities. The petitioner had flagged a joke made by Samay Raina against a child suffering from SMA. Earlier, the comedians had personally appeared before the Court following the summons to them, and they were directed to publish public apologies on their platforms.

Today, Senior Advocate Aparajita Singh, appearing for Cure Foundation, told the bench that many children who suffered from SMA have achieved great accomplishments in life. She pointed out that one of them is working at Microsoft, another is studying at Michigan State University, one is a classical singer, another is an Assamese writer and publisher, and another person is pursuing PhD in Bioinformatics. She said that the parents of these children managed the funds for their treatment through crowdfunding. When people like Raina make humiliating jokes about such kids, raising funds for them becomes difficult, she pointed out.

She said that the organisation refused the offer of Raina to pay them Rs 2.5 lakhs, saying that it was a question of dignity. Singh also said that there was a need for a dedicated platform which can raise CSR funds for the treatment of kids suffering from rare diseases.

CJI Kant at this juncture suggested that there should be a "stringent law" like the SC/ST Act, which makes humiliating jokes on the disabled an offence. " Why don't you think of a very stringent law which is on the same lines like SC ST Act, where there is punishment if you demean them?" CJI told the Solicitor General. The SG agreed that humour cannot come at the cost of anyone else's dignity.

CJI asked the comedians to be careful about their conduct in future. CJI added that he was aware of the mocking comments made by Raina from Canada about the Supreme Court.

"You and your team need to be very careful in the future.. whether within the country or outside..someone was making comments in Canada also.. we know all of this," CJI said.

"They had mocked this very court!" SG stated.

In the order, the bench observed as follows :

"As regard to the issues raised by Cure SMA Foundation of India,  learned Senior Counsel Ms. Aparajita Singh has handed over a brief note depicting the success stories of those about whom undesirable and avoidable YouTube shows were held by some of the private respondents. During the course of hearing, it has been rightly suggested that there should be a dedicated fund/corpus that may be created by the concerned Ministry, or if it is already created, the same can be given wide publicity, inviting corporate entities and individuals to generously donate in that fund which is exclusively meant for the treatment of the specially abled persons, like those suffering from SMA.

The respondents 6 to 10 have also volunteered to organise at least two events in a month to generate funds for the corpus. They also seek permission of this Court to invite the persons whose success stories whose details are brought on record by Ms Singh.

In this regard, we leave it to respondents 6 to 10 to persuade and invite the specially abled persons on their platforms to promote the cause of generating funds to provide timely and quality treatment to the specially abled like those suffering from SMA. We are quite sure that if respondent 6 to 10 are repentant and show their sincerity and commitment to the cause, the specially abled persons who have made landmark achievements in life will also accept to come on the platforms for the purpose of wider publicity in the cause. We hope and expect that such few memorable events will take place before we hear matter on the next date."

Case : M/S. CURE SMA FOUNDATION OF INDIA Versus UNION OF INDIA AND ORS., W.P.(C) No. 460/2025

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