SC asks Centre to mull ‘stringent’ law to protect dignity of disabled

New Delhi: Highlighting the need for a stringent law to protect the dignity of the disabled, the Supreme Court on Thursday asked the Centre to consider framing a statute to make derogatory remarks ridiculing persons with disabilities and rare genetic disorders a penal offence on the lines of the SC-ST Act.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 criminalises casteist slur, acts of discrimination, humiliation, and violence against the members of SCs and STs and makes offences non-bailable.

“Why can’t you bring a stringent law on the lines of the SC-ST Act which criminalises casteist remarks - there is punishment if you demean them,” a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi said.

Solicitor General Tushar Mehta, appearing for the Centre, appreciated the observation and said humour cannot be at the cost of someone’s dignity.

The bench also said that there was a need for a “neutral, independent and autonomous” body to regulate obscene, offensive or illegal content in online platforms.

On the issue of framing guidelines or putting in place a mechanism to deal with derogatory remarks and ridicule against persons with disabilities (PwD), the bench was informed by the Ministry of Broadcasting that certain guidelines are in the process of making.

The bench asked the ministry to bring the guidelines in public domain for discussion and listed the matter after four weeks.

The top court was hearing a petition filed by M/s SMA Cure Foundation, which works for individuals affected by rare Spinal Muscular Atrophy disease. The plea flagged jokes made by “India’s Got Latent” host Samay Raina and other social media influencers, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Jagdish Tanwar.

Asking them to be careful about their conduct in future, the bench also directed comedians Raina and others to hold two programmes or shows per month about the success stories of PwDs to generate funds for the treatment of disabled persons, especially those suffering from SMA.

The bench said it is part of social penalty and they are spared of other punitive measures.

They have been asked to do so as a reparation for their insensitive jokes about the disabled.

CJI Kant said the influencers can invite specially-abled persons on their platforms to promote the cause of generating funds to provide timely treatment to those suffering from rare diseases such as SMA.