The Supreme Court on Monday came down heavily on comedians for making “insensitive jokes” targeting persons with disabilities. The court directed them to issue public apologies on their social media platforms adding that penalties will also be imposed on them. The directive came while the bench of Justices Surya Kant and Joymalya Bagchi was hearing a petition filed by the SMA Cure Foundation, a disability rights group. The plea accused comedians Samay Raina, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar of mocking the differently abled in their stand-up content.
“Apology you tendered before the court, give the same before your social media too,” the bench told the comedians. The bench of Justices Surya Kant and Joymalya Bagchi also said the question of penalty or costs would be decided later.
“Next time tell us how much penalty we should impose on you," Justice Kant asked. “We leave it to your lordships. It should go for the benefit of disabled groups," the counsel said. “Today it’s about the disabled, next time it can be women, senior citizens, children…where will this end?" Justice Kant said.
'Clear line between laughing with others and laughing at them'
Justice Joymalya Bagchi stressed that while humour is an essential part of life, there is a clear line between laughing with others and laughing at them, especially when it targets marginalised communities.
“Humour is well taken. But when we start laughing at others and create a breach of sensibility… that’s when it becomes problematic,” said Justice Bagchi.
He added that many influencers today are “commercialising speech”, using it not just for entertainment but also for profit.
“...And this is what so-called influencers of today should bear in mind. They are commercializing speech. The community at large should not be utilized to hurt the sentiments of certain sections. It’s not only freedom of speech, it’s commercial speech," the judge added
