Do Jokes on Disabled Breach Dignity Rights, Asserts Supreme Court?

Synopsis
Key Takeaways
- Supreme Court emphasizes dignity rights.
- Guidelines for stand-up comedy in the works.
- Articles 19 and 21 discussed in context.
- Comedians given time to respond.
- Regulation of social media content suggested.
New Delhi, July 15 (NationPress) The Supreme Court has declared that jokes that belittle disabled individuals infringe upon their right to dignity. This statement was made on Tuesday as the court expressed its plans to establish guidelines regarding the freedom of speech and expression within stand-up comedy.
A bench comprising Justices Surya Kant and Joymalya Bagchi emphasized that Article 19, which safeguards freedom of speech and expression, cannot supersede Article 21, which guarantees the right to dignity as a fundamental aspect of the right to life and liberty.
“In cases of conflict, Article 21 must take precedence,” the court stated, while inviting public and legal community input to formulate a framework that ensures no individual’s dignity is compromised.
Attorney-General R. Venkataramani requested additional time to assist the court in developing these guidelines.
While addressing a petition filed by SMA Cure Foundation, the apex court also indicated its intent to regulate indecent content on social media platforms.
The petitioner accused comedians Samay Raina, Nishant Jagdish Tanwar, Vipun Goyal, Balraj Paramjeet Singh Ghai, and Sonali Thakkar (a.k.a. Sonali Aditya Desai) of making offensive jokes targeting disabled individuals.
During the court session, the five comedians were present when the court criticized the “vulgar, demeaning” comments made by some of them. Except for Sonali, the remaining comedians were ordered to attend the next hearing in person, while Sonali will participate online.
The court has granted the comedians a two-week period to respond to the petition from the Foundation.
Additionally, the apex court addressed two petitions from social media figures Ranveer Allahbadia and Ashish Chanchlani regarding the consolidation of FIRs filed against them related to the ‘India's Got Latent’ controversy.
Allahbadia faces multiple FIRs and legal challenges after making offensive remarks about parents during his comedy segment on the show.
In an interim ruling from February 18, the top court conditionally stayed his arrest, mandating that he deposit his passport with Mumbai’s Thane Nodal Cyber Police and not depart the country without prior approval.
Following the release of his confiscated passport in April, one stipulation required him to maintain his passport with the Mumbai police and seek the apex court's permission before traveling abroad.