Supreme Court directs Samay Raina to invite disabled persons to perform on his show

Popular comedian and YouTuber Samay Raina has been directed by the Supreme Court to invite individuals with disabilities to perform or appear on his show and share their sucess stories. The court has also asked Raina and three others to use their popularity and reach on social media to help raise funds for the timely and effective treatment of persons with disabilities.

On Thursday, Chief Justice Surya Kant, addressing the comedians, said, “We hope and expect that such few memorable events will take place before we hear the matter next. It’s a social burden we are putting on you, not a penal burden. You are all well-placed persons in society. If you have become too popular, then share it with others.”

The landmark move from SC comes after a plea was filed by the Cure SMA Foundation, which complained about Raina and other comedians making insensitive and derogatory remarks about people living with disabilities on his show.

What is the controversy over jokes on disability?

The court’s intervention came after multiple incidents of derogatory remarks around disability made on the comedy platform were reported. One major flashpoint was during the sixth episode of India’s Got Latent when contestant Santosh Patra performed jokes that belittled people with disabilities.

Intially, the judges endorsed these remarks, sparking outrage online.

Another controversial figure was Banti Banerjee, a contestant and winner on the tenth episode. Her performance included jokes that many found offensive ranging from comments on celebrities’ mental health to personal attacks on public figures.

During one performance, Banerjee referenced actress Deepika Padukone’s motherhood and past struggles with depression. She joked, “Now she knows what depression really looks like. Actual depression happens when your sleep breaks, and your kid wakes in the middle of the night at 3 am and the kid wants to eat, poop, or play, in any order.”

The comment triggered backlash across social media. Banerjee later admitted she was intentionally mocking Padukone’s depression following her breakup. Even host Samay Raina responded with a remark on Instagram: “To everyone who is outraging on Twitter, one request: Could you please outrage in my YouTube comment section so I get some ad revenue from the traction, at least.”

What did Chief Justice Surya Kant say?

On Thursday, as the case was heard in court, Kant said he understood that there should be a dedicated fund set up by the concerned ministry, and that this fund could be publicised to encourage corporations to contribute generously toward the treatment of persons with disabilities, including those affected by SMA.

Kant said that the Court was placing a social responsibility, not a penal one, on the comedians, noting that they were well-established figures in society.

"We hope and expect that such few memorable events will take place before we hear the matter next. It’s a social burden we are putting on you (comedians), not penal burden. You are all well-placed persons in the society. If you have become too popular, then share it with others”, CJI Kant stated.