Daijiworld Media Network - New Delhi

New Delhi, Jul 15: The Supreme Court on Tuesday emphasized that freedom of speech cannot override the right to dignity, especially when it comes to mocking individuals with disabilities. In a significant observation, the court expressed its intent to formulate guidelines for comedians and content creators to ensure their expression doesn't infringe on fundamental rights.

A bench comprising Justices Surya Kant and Joymalya Bagchi noted that Article 19 (freedom of speech and expression) must be balanced against Article 21 (right to life and dignity), stressing that "Article 21 must prevail if any competition takes place." The court invited suggestions from the public and legal fraternity to help shape this regulatory framework.

The observations came during a hearing on a petition filed by the SMA Cure Foundation, which accused five stand-up comedians — Samay Raina, Nishant Tanwar, Vipul Goyal, Balraj Ghai, and Sonali Thakkar (Sonali Desai) — of making derogatory jokes targeting people with disabilities. The court criticized the comedians' "dirty, perverted" remarks and directed all but Thakkar to be physically present at the next hearing. Thakkar has been allowed to attend virtually.

The court granted the comedians two weeks to respond to the allegations.

The Attorney-General R. Venkataramani sought more time to assist the court in developing a framework to govern free speech without harming others' dignity.

The hearing also touched on the issue of obscene and offensive content on social media, with the court hinting at a broader intent to regulate digital content.

In related matters, the bench also took up petitions filed by popular digital creators Ranveer Allahbadia and Ashish Chanchlani, seeking to club multiple FIRs filed against them over controversial remarks made during the comedy show India’s Got Latent. Allahbadia faces several complaints over comments deemed obscene and offensive, especially towards parents.

The court had earlier granted Allahbadia conditional protection from arrest, including a restriction on foreign travel without the court’s permission. His passport was released in April, subject to its re-deposit with the Thane Nodal Cyber Police.

The Supreme Court’s proactive stance signals a potential shift in regulating online humour, especially when it crosses the line into discrimination or obscenity, aiming to balance creative freedom with constitutional values of respect and inclusivity.