The Supreme Court of India has urged the government to frame a dedicated law protecting persons with disabilities, similar to the SC/ST Act, emphasizing dignity, social inclusion, and stricter action against ridicule or discrimination online.
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NEW DELHI: In a hearing today, the Supreme Court of India urged the Central Government to consider framing legislation for persons with disabilities similar to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The bench, led by Chief Justice of India Surya Kant, emphasized the need to safeguard the dignity and rights of persons with disabilities against ridicule and social discrimination.
The court was hearing a petition filed by the NGO Cure SMA Foundation, which sought stricter regulation of online content and action against comedian Samay Raina and others for allegedly mocking persons with disabilities.
During the proceedings, CJI Surya Kant asked Solicitor General Tushar Mehta why legislation similar to the SC/ST Act could not be extended to protect persons with disabilities. The Solicitor General clarified that the matter was about perversity, not obscenity.
What NGO Demands
Senior Advocate Aparajita Singh, representing the NGO, highlighted the challenges faced by disabled persons:
- High treatment costs, particularly for rare conditions like Spinal Muscular Atrophy (SMA), where drugs are often imported and expensive.
- Lack of awareness and public empathy hampers fundraising and social inclusion.
Singh suggested that the accused individuals organize programs with disabled persons sharing their success stories, thereby promoting awareness and inclusion. CJI Kant approved the proposal, directing that programs be conducted fortnightly for 2–3 years, with revenue to be deposited in a dedicated corpus, stressing that this should not be seen as a mere short-term gesture.
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Supreme Court Observation
The Supreme Court had earlier reprimanded Samay Raina over the proportionality of apologies concerning the alleged ridicule of disabled individuals. Justice Kant observed,
“Today we have an unfortunate case of disabled, tomorrow it can be women, then children, then senior citizens…where will this society land?”
The court stressed that free speech does not give license to demeaning vulnerable communities under the guise of satire.
Allegations Against Comedian Samay Raina
The petition detailed several instances of alleged mockery, including:
- Ridiculing the Rs 16 crore cost of SMA treatment for infants.
- Mocking a visually impaired individual.
- Video clips of cricketers mimicking disabilities, which trivialized the experience of disabled persons.
The court directed the NGO to compile a list of such incidents, including video transcripts and suggestions for remedial measures, highlighting the psychological and social impact of such mockery on the disabled community.
Case Title:
M/S. Cure SMA Foundation of India vs. Union of India & Ors
Click Here to Read Previous Reports on Persons With Disability