SC Fines Samay Raina ₹3 Lakh for Contempt

On Tuesday, the Supreme Court slapped a fine of ₹3 lakh on stand-up comic and YouTuber Samay Raina and four other others, including podcaster Ranveer Allahbadia, for not following a previous court order regarding indecent remarks on persons with disabilities on his online comic show.

In a finding that emerged after it came to the light of day that Raina did not invite any person with disability to his show, one of the specific conditions the court had set while passing the order, the Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana made the finding.

A Bench Unimpressed by Compliance

The Bench, according to Bar and Bench, had reason to believe that the petitioner, Samay Raina, had taken the court for a walk and had blatantly disobeyed the court. Filing an affidavit "when nothing is on record" aggravated the misconduct, the court added.

The proceedings are related to a petition filed by the Cure SMA India Foundation, alleging that Raina had mocked a person with SMA in the court while making derisive comments about the high cost of treatment for SMA.

Court considers commercial speech and dignity in balancing the interests

The counsel for Raina, Aparajita Singh, told the court that ₹9 lakh was raised from the shows for persons with disabilities which was an argument the Bench did not accept as compliance. Justice Bagchi wondered in court, reported The Week, "If they used their disability to promote their most basic right to commercial speech, what about their most basic right to dignity.

There is an equal responsibility for public figures, CJI added, “As an artist you are in the public, so the more you respect others, the more you invest.” The Bench warned that the fine will be increased ten-fold if there is no compliance, which is ₹30 lakh.

Wider Legal Context

The case falls under the controversy that had erupted earlier about “India's Got Latent,” an online television programme in which Allahbadia made comments which were considered offensive, leading to a ban on the broadcast.

Where Allahbadia had been earlier subjected to multiple FIRs for offensive remarks, which were later lifted after the participants agreed to organise fundraising events for persons with disabilities.

The court's action is part of a trend, also seen in disability-rights cases before the Indian courts that aims to make the Rights of Persons with Disabilities Act, 2016 liveable norms of public behaviour, including online media.

Raina and others have reportedly been granted two weeks to submit a compliance affidavit or pay the fine.

People with disabilities' rights groups have long complained that disability is disrespected in mainstream entertainment, and Tuesday's ruling is one that will make clear that courts are now taking steps to hold people accountable for that, beyond handing them money.