Supreme Court Guidelines to Prevent Discrimination of Differently-Abled Individuals

Recently, The Supreme Court has issued guidelines to prevent  stereotyping which perpetuates discrimination and stigmatization of differently-abled individuals in visual media and films.

• The Supreme Court judgment came on a petition filed by activist Nipun Malhotra challenging the alleged insensitive portrayal of differently-abled individuals in the film ‘Aankh Micholi,’ produced by Sony Pictures.
• Historically  Oppressive Representation: Persons with disabilities are used to provide comic relief and Jokes are made at their expense. There is a historical use of humor to mock disability in films and popular media.

Enroll now for UPSC Online Course

The Supreme Court Guidelines

• Discourage Use of Stereotyping Words: The court discouraged the usage  of words like ‘cripple’, ‘spastic’,  ‘afflicted’, ‘the suffering’ and ‘victim’  which devaluate meanings in societal perception of persons with disabilities contributing  to the negative self-image of a person.
  • Example: In the movie Lagaan, A disabled and untouchable character  was named as ‘Kachra’ meaning Garbage.
• Inclusive Language: Insensitive language is contrary to the dignity of persons as it impairs the objective societal treatment of the affected group by the society. The Supreme Court thus prescribed that the language of discourse should be inclusive rather than alienating.
• Dispel Myths: Films and visual media tend to perpetuate myths about disabilities by portraying persons with certain disabilities as “super-cripples” implying  that disabled persons have extraordinary heroic abilities like enhanced spatial sense and those who do not have such superpowers are less than normal or ideal.
• Accurate Medical Representation:  Creators of films and visual media content should not portray misleading idea of a disability  perpetuating misinformation about a condition  and must search for an accurate representation of a medical condition as much as possible. 
• Highlight Success Stories: Visual media should  strive to depict the diverse realities of persons with disabilities, showcasing not only their challenges but also their successes, talents and contributions to society.
  • Example: Movies like ‘Iqbal’, ‘Chandu Champion’ shows a positive approach to life by the people who were differently abled and yet overcame challenges to emerge victorious.
• Enable Representation and Participation: The court advised authorities to involve persons with disabilities as major stakeholders on statutory committees while taking decisions to protect their rights, especially under the Cinematograph Rules.
• Strike a Balance: The context, intention and overall meaning of a speech should be considered before arriving at a conclusion whether remarks made on visual media or films were disparaging as not all speech that entrenches stereotypes was against individual dignity.
  • ‘Disabling Humour’ v/s ‘Disability Humour’: The judgment said disabling humour demeans persons with disabilities while disability humour tries to better understand and explain a disability.
• Adopt the Social model of Disability: The judgment highlighted how the medical model which treats disability as a personal tragedy has become obsolete and their needs to adopt a  modern social model which view that stereotypes and mockery of disabilities comes from the “lack of familiarity” with a disability.
• Implement the Pre existing Legal Frameworks: The court has asked to implement in full spirit the various laws and guidelines adopted for the empowerment of person with Disabilities like the Right of Person with Disability Act, 2016 and the recent  Draft  Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres by I&B Ministry.

Draft  Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres

• Ministry: The Information and Broadcasting Ministry has invited comments on the proposed draft Guidelines for persons with hearing and visual impairment.
• Applicable: It is applicable for those feature films that are certified by the Central Board of Film Certification (CBFC) for public exhibition in cinema halls/movie theatres for commercial purpose
• Standards: The Guideline lays down accessibility standards; Indian sign language rules; and accessibility in case of feature films.
  • The producer would be required to deliver two sets of the films for certification to CBFC, the original one for the public view, and the second one with accessibility features.
• Implementing measures: It also proposes measures for grievance redressal, monitoring and implementation by the licensing authority.
• Collaboration: To achieve accessibility with hearing or visual disability, the film industry is required to collaborate with the organisations for persons with such disabilities. 
  • Funding support: The appropriate government may consider mandatory funding of accessibility features in films financially supported by them. 
• Incentive: The feature films submitted for consideration in the National Film Awards, in the Indian Panorama section of the International Film Festival of India, Goa, and Mumbai International Film Festival will have to mandatorily include closed captioning and audio description with effect from January 1, 2025.

Check Out UPSC CSE Books From PW Store