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SC asks Centre to mull stringent law to deal with derogatory remarks against disabled persons

7 months ago 65

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Taking note of the foundation, the bench said, "It has been rightly suggested that there should be a dedicated fund/corpus that may be created by the concerned ministry, or if it is already created, the same can be given wide publicity, inviting corporate entities and individuals to generously donate in that fund which is exclusively meant for the treatment of the specially abled persons, like those suffering from SMA."

"The respondents 6 to 10 (comedians) have also volunteered to organise at least two events in a month to generate funds for the corpus. They also seek permission of this court to invite the persons whose success stories whose details are brought on record by Singh," the bench noted.

The bench asked the comedians to "persuade and invite" the specially abled persons on their platforms to promote the cause of generating funds to provide timely and quality treatment to the specially abled like those suffering from SMA.

"We are quite sure that respondent 6 to 10 are repentant and show their sincerity and commitment to the cause, the specially-abled persons who have made landmark achievements in life will also accept to come on the platforms for the purpose of wider publicity in the cause. We hope and expect that such few memorable events will take place before we hear matter on the next date," it said.

Attorney General R Venkataramani and the solicitor general apprised the bench that Centre has proposed some fresh guidelines and the consultation process was on.

The solicitor general said that the issue was not just confined to "obscenity" but "perversity" in user generated content, which are published by individuals in their own YouTube channels or other platforms.

"Freedom of speech is an invaluable right but it cannot lead to perversity," he said.

Referring to self-regulatory mechanisms, the bench said, "self styled bodies will not help. Some neutral autonomous bodies which are free from the influence of those who exploit all of this and the state also are needed as a regulatory measure."

If the self-regulation mechanism were so effective then why were instances of violations repeating, the CJI asked.

Earlier, the bench said commercial and prohibited speeches are not covered under the fundamental right.

It had asked five social media influencers, including Samay Raina, to display their unconditional apology in their podcasts or shows for ridiculing persons with disabilities and rare genetic disorders.

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