The Supreme Court on Thursday directed comedian and online content creator Samay Raina, along with four other entertainers, to organize a minimum of two fundraising events every month to contribute to a corpus created for the medical treatment of persons with disabilities.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued the direction while hearing a petition filed by the Cure SMA India Foundation, which has sought action against online content allegedly violating the dignity and fundamental rights of individuals with disabilities.
The Foundation has accused Raina of using derogatory expressions regarding the high cost of treatment for Spinal Muscular Atrophy (SMA) and mocking individuals suffering from disabilities.
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Similar allegations have been raised against comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakar (also known as Sonali Aditya Desai) and Nishant Jagdish Tanwar, all of whom are respondents in the case.
During earlier proceedings, the respondents had volunteered to host events aimed at raising awareness and generating funds for persons with disabilities.
On Thursday, they also expressed willingness to highlight the achievements and success stories of differently-abled individuals, provided such individuals consent to participate in the programs.
“We leave it to Respondents 6 to 10 to persuade and invite specially-abled persons onto their platforms in order to promote the cause of raising funds for timely treatment, including for those suffering from SMA,”
the Bench observed.
The Court expressed confidence that genuine effort by the respondents would encourage differently-abled individuals to share their journeys publicly.
The Bench further noted:
“We hope that a few memorable events take place before the matter is heard next. Let two such programs be held twice every month.”
In August, the Court had directed the respondents to issue public apologies across YouTube and other platforms for their insensitive remarks. They were also required to appear in person before the Court.
During today’s hearing, Senior Advocate Aparajita Singh, representing the Cure SMA India Foundation, reiterated that content creators could positively use their influence to highlight the struggles and needs of persons with disabilities.
A note outlining proposed measures was submitted to the Bench prior to the Court issuing its order.
The matter will be listed for further consideration after the scheduled fundraising initiatives are conducted.
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