New Delhi: Stand-up comedian Samay Raina detailed his philanthropic contributions as evidence of a “genuine social commitment” in his apology affidavit, submitted in the Supreme Court Monday in connection to a criminal case involving alleged violations of the Rights of Persons with Disabilities Act and IPC sections on insult and promoting enmity.
Stand-up comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, and Nishant Tanwar also provided their respective apology affidavits to the court in the hearing of the clubbed FIRs registered against them for their controversial jokes. Like Raina, all four claimed that the show, India’s Got Latent, featured “light-hearted exchanges”, not meant to ridicule persons with disabilities.
ThePrint has accessed the apology affidavits of all five comedians.
During an earlier hearing, Cure SMA Foundation of India, the NGO that had filed a Public Interest Litigation (PIL) against the five comedians, asked the Supreme Court to lay down guidelines to prevent the ridicule of persons with disabilities on social media. At the time, the court asked the five comedians to render their apologies.
On Monday, the Supreme Court bench, led by Justice Surya Kant, taking note of the apology affidavits, directed the five comedians to apologise on YouTube, podcasts, and other platforms, as well as to file affidavits detailing remedial steps, such as raising awareness about disability rights. Moreover, the court asked them to consider using their content to create awareness about the challenges faced by persons with disabilities.
The Supreme Court has also asked the Centre to frame guidelines to curb speeches that offend and ridicule women, children and senior citizens on social media.
Samay Raina’s affidavit, a copy of which is with ThePrint, sheds light on the funds he raised for waste-pickers, COVID-19 relief, flood victims, blind youth, underprivileged children, young chess players, background dancers, and stray animals—as evidence of his “genuine social commitment”.
Raina stressed that his jokes, which got him into trouble, were, in the first place, not intended to belittle but to highlight the issues of access and affordability. His co-workers described their remarks as unscripted, light-hearted exchanges, never meant to ridicule persons with disabilities.
Samay Raina’s ‘social contributions’
In his 23-page affidavit, Samay Raina cites seven instances of monetary “contributions and philanthropic efforts”, thereby submitting that he never “intended to offend or belittle” and, rather often, supported “inclusive, sensitive content creation”.
The affidavit stated that he raised “Rs 8.86 lakh and Rs 8.33 lakh for waste-pickers and COVID-19 relief” during the 2020 Chess for Charity and Rs 2.5 lakh as “flood and cyclone relief” for “disaster-hit communities”. In 2020, he contributed Rs 3.7 lakh for “blind youth” during another event, Support for the Visually Impaired.
Moreover, Raina cited a Rs two lakh “donation to NGO Bhumi” for “underprivileged children’s education”. In a show of “support to young chess talents”, he claimed to have facilitated Rs four lakh for “underprivileged players”. He even “donated” his “entire winnings of Rs three lakh” from Botez Invitational in 2021 to “charity”, the affidavit stated. Lastly, Raina cited his “support for background dancers and stray animal care” in the affidavit.
The apology mentioned all these contributions, as a part of his “consistent and well-documented history of charitable and socially meaningful work”, placed on record. “While none of this justifies any lapse in sensitivity, it demonstrates my intent and integrity as a socially conscious individual…contributing positively to society and using my platform to support the undeserved, the disabled, and those in distress”.
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‘Not to ridicule but normalise’
In his “sincere and unconditional apology” to all stakeholders, especially abled persons, differently abled persons, and social non-governmental groups, such as the petitioner (Cure SMA Foundation), Raina clarified that he “did not refer to SMA…or any disease”.
The reference, Raina said, was to an “injection” that remains “overpriced”. He further stated that his whole intention was to “draw attention to the irony of the medicine being so overpriced and out of reach of middle-class and poor parents.
During his interaction with a contestant with visual impairment, Raina earlier said in the show, “Which eye of yours should I look at?” The transcript, Raina claimed, established that his statements were in “jest and camaraderie, and not mockery”.
“They were featured not to ridicule but to normalise their presence and amplify their talents…I offered him a platform in Mumbai, standing ovation, and emotional support,” he added. Raina also provided the court with a letter of appreciation, sent by the visually impaired contestant to the comedian, along with his affidavit.
In adherence to “constitutional and statutory duties”, Raina stated, he intended to “involve and represent different sections of society”.
The other 4 apology affidavits
All the other four comedians rendered their “unconditional and unequivocal apologies” to the petitioner before the court via affidavits.
Their affidavits said that they were “formally invited” as a “judge” on Samay Raina’s show, India’s Got Latent, and “any words and expressions” made during the show were “in the context of an unscripted and spontaneous entertainment format”.
All of them clarified that in their interactions with the contestants on the show, they intended to be “light-hearted” and “humorous” and that the comments were “made in constructive and motivational spirit”, and never intended “to cause harm, ridicule, or perpetuate stereotypes against persons with disabilities”.
(Edited by Madhurita Goswami)
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