By Raghav Ohri
Observing that hate speech cannot be misconstrued as a fundamental right, the Supreme Court Monday said it will curtail any kind of freedom, if it exists, which facilitates any speech intended to demean any individual or community.
The development took place during the hearing of a plea alleging that stand-up comedians have made insensitive jokes mocking persons with disabilities. A division bench of justices Surya Kant and N Kotiswar Singh issued notices to comedians Samay Raina, Vipul Goyal and three others.
The bench also directed the Mumbai police commissioner to issue notice to them to ensure that they remain present in the court on the next date of hearing. The court made it clear that if the respondents (comedians) fail to appear, coercive steps will be taken against them.
Keeping in view the “sensitivity and importance” of the issue, the top court also sought assistance of attorney general R Venkataramani in this regard. Appearing on behalf of the petitioner, senior advocate Aparajita Singh, submitted that since Raina and others are influencers, their words carry a lot of weight amongst the young generation.
She argued that freedom of speech and expression does not extend to defaming and belittling vulnerable persons. Another counsel apprised the bench that the comedians were even ridiculing orders passed by the Supreme Court.
Taking a serious view of the contentions raised, speaking for the bench, Justice Kant asked the petitioners to think of “remedial, curative and preventive” measures which can be adopted against such kinds of remarks.
This story was originally published in economictimes.com. Read the full story here.