In a landmark move, the Supreme Court of India has urged the Union Government to contemplate enacting a strict law that would criminalize the act of ridiculing individuals with disabilities and those with rare genetic disorders. The court emphasized that such actions should not be dismissed merely as free speech, especially when they impinge upon human dignity, suggesting that they should face legal consequences.
The Supreme Court's directive, issued on Thursday, November 27, 2025, came from a bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi. The court proposed that the prospective law could be modeled after the existing Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which penalizes caste-based insults and acts of humiliation. The bench raised a pertinent question: "If casteist insults are punishable, why not derogatory remarks against the differently-abled?".
The matter was brought to the court's attention through a petition filed by the SMA Cure Foundation, an NGO dedicated to helping those affected by rare neuromuscular disorders. The petition highlighted instances of social media influencers and comedians making hurtful jokes and derogatory comments, particularly targeting individuals with disabilities and rare disorders. The NGO argued that such remarks constitute public ridicule and cause moral harm.
The court has been actively addressing this issue, having previously reprimanded social media influencers for ridiculing disabled individuals and directing them to issue public apologies, with threats of financial penalties for future misconduct. As part of the ongoing proceedings, the court has now requested draft proposals for the new penal statute to be submitted within a reasonable timeframe. Furthermore, the court has suggested the establishment of an independent content regulator to oversee online platforms and intervene when content violates dignity, decency, or constitutional rights.
Solicitor General Tushar Mehta, representing the Centre, acknowledged the court's observation, agreeing that humor should not come at the expense of an individual's dignity.
In addition to considering a new law, the Supreme Court addressed the necessity for a "neutral, independent, and autonomous" body to regulate inappropriate content on online platforms. Regarding the establishment of guidelines to address derogatory remarks against persons with disabilities, the Ministry of Broadcasting informed the bench that certain guidelines were in development and would be released for public discussion.
The court also addressed the social media influencers who had previously made insensitive jokes about disabled individuals. Instead of imposing further punitive measures, the court directed them to host shows that promote the cause of generating funds for the treatment of disabled persons, particularly those suffering from Spinal Muscular Atrophy (SMA). 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.
This directive from the Supreme Court underscores the urgent need for a legal framework that protects the dignity of disabled individuals and holds accountable those who perpetuate derogatory behavior. The call for a stringent law and an independent regulatory body signals a significant step towards creating a more inclusive and respectful society.
