The Need for a Strict Law Against Ridicule of Persons with Disabilities

Context

Recently, the Supreme Court asked the Central Government whether a stringent law similar to the SC/ST Atrocities Act could be enacted against those who insult or ridicule persons with disabilities (PwDs). This comment was made during a hearing on a case involving derogatory comments made against persons with disabilities on social media.

Background

• The case relates to a petition filed by the SMA Cure Foundation. The petition protested against insensitive comments made by Samay Raina and some other social media influencers about persons with disabilities.
• SMA Cure Foundation is an organization that works for people affected by the rare disease Spinal Muscular Atrophy (SMA).

Supreme Court Suggestions

• Consider enacting a stricter law, similar to the SC/ST Atrocities Act, against ridicule, insult, or vilification of persons with disabilities.
• Strong legal provisions are needed to protect persons with disabilities from abuse on social media.
• While not punishing YouTube hosts and other influencers, the court directed them to:
  • Create at least two programs every month on the success stories of persons with disabilities.
  • Instructed them to spread positive messages in society by inviting persons with disabilities on the platform.
• The court called this their "social punishment."

Need for a Stronger PwD Law

• Online trolling, memes, and ridicule against persons with disabilities are on the rise.
• Current laws primarily prohibit discrimination; direct provisions on ridicule and trauma are very limited.
• More stringent penal provisions are necessary to increase social sensitivity and ensure respectful behavior.
• The rapid expansion of the digital space further increases the need for cybersecurity provisions.

Benefits

• Legal protection of the honor and dignity of persons with disabilities will be ensured.
• Abuse of any kind online and offline will be reduced.
• Stricter self-regulation will be encouraged on social media platforms.
• A positive and inclusive attitude towards persons with disabilities will develop in society.
• Awareness about rare diseases like SMA will increase, and more people will join treatment and support campaigns.

Challenges

• The potential for content to go viral quickly on social media.
• ​​Lack of monitoring and content moderation on platforms.
• Lack of sensitivity towards persons with disabilities in society.
• Even when laws exist, enforcement is often weak.
• Technical complexities in identifying and responding to online trolling.

Way Forward

• The central government should consider introducing strict and clear laws against the ridicule of persons with disabilities.
• A mandatory content monitoring policy should be developed for social media platforms.
• Sensitization programs should be conducted in schools, universities, and public institutions.
• A special helpline should be established for prompt reporting and action on cases of online abuse.
• A culture of respect should be fostered in society by promoting inspiring stories of persons with disabilities.