In a significant development, the Supreme Court of India on Thursday suggested the enactment of a stringent law, similar to the SC and ST (Prevention of Atrocities) Act, to deter the ridiculing of differently-abled people. However, the Union government expressed concerns that such legislation could adversely impact creative artists depicting individuals with disabilities in films and theatre.
Court's Directive and Government's Caution
The suggestion came during a hearing on a petition filed by the NGO Cure SMA Foundation. The petition objected to five stand-up comedians who had allegedly ridiculed the exorbitant cost of treatment for spinal muscular atrophy (SMA) and persons with disability in their various shows.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi told Solicitor General Tushar Mehta, "Why don't you (Union govt) bring a stringent legislation like SC/ST Act? It criminalises ridiculing the depressed, deprived and discriminated class of citizens. A similar law to protect persons with disability could be considered for enactment."
While sharing the court's concern, Mehta stated he would discuss the matter with the authorities. He, however, flagged a crucial point, indicating that such a law might create problems for artists who portray characters with disabilities, such as those who are dumb or blind, in movies, theatres, and dramas. He argued that while these portrayals might evoke humour, they often seek to depict the larger difficulties such individuals face in society.
The Petition and SMA Treatment Costs
Appearing for the NGO, senior advocate Aparajita Singh informed the court that the organisation arranges treatment for SMA patients primarily through crowd funding. She contended that these efforts were adversely affected by a stand-up comedian's disparaging remarks about the treatment cost.
Singh also suggested that a decision to allow corporate entities to donate Corporate Social Responsibility (CSR) funds for the treatment of SMA patients would significantly help mitigate their suffering.
When the court proposed that the government should create a corpus for SMA patient treatment, Solicitor General Mehta clarified that the Centre already has a scheme through which treatments up to Rs 50 lakh are borne by the exchequer. He highlighted a specific case before the Supreme Court where the treatment cost was a staggering Rs 16 crore. The government's view was that this enormous sum could be utilised to treat a much larger number of patients. Mehta also pointed out that a platform for corporate CSR donations already exists.
A Creative Resolution for Comedians
During the proceedings, the counsel for stand-up comedian Samay Raina—one of the comedians hauled up by the court—informed that his client had contributed Rs 2.5 lakh to the SMA cause. In response, Aparajita Singh stated that the NGO did not need his money. Instead, she proposed that the comedians could atone for their mistakes by hosting achievers who live with SMA. This, she argued, would send a positive message to society and raise public awareness about the degenerative disease.
Singh provided a list of 11 outstanding achievers with SMA, including IITians, computer professionals working with Google and Microsoft, an acclaimed author, academicians, a filmmaker, doctors, and a sportsman. She suggested that these individuals be featured on the comedians' digital shows to spread awareness.
The bench agreed with this proposition. It directed the comedians to host two shows every month featuring these achievers with SMA and other disabilities. Furthermore, the court ordered them to contribute the earnings from these shows towards the treatment of differently-abled and SMA patients.
"We are putting a social burden on you instead of punishing you," said CJI Kant and Justice Bagchi, outlining a restorative approach to justice.
