New Delhi, July 8, 2024 โ The Supreme Court of India on Monday issued a landmark judgment setting forth guidelines for the portrayal of persons with disabilities (PwDs) in visual media. This decision came in response to a plea by disability rights activist Nipun Malhotra against the film Aankh Micholi, which he argued contained disparaging remarks about PwDs.
The bench, comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala, emphasized the need to distinguish between humor that fosters understanding of disabilities and humor that demeans individuals with disabilities. “There have been jokes made on disabled for comic relief. This understanding is obsolete under the new social model,” the Court stated. “We must distinguish disability humor which helps in understanding the disabled, but the other is disablement humor which denigrates it.”
In its judgment, the Court outlined the following guidelines for media creators:
- Avoid Discriminatory Language: Refrain from using terms that lead to institutional discrimination and contribute to a negative self-image, such as ‘crippled’.
- Acknowledge Social Barriers: Avoid language that overlooks the social challenges faced by individuals with disabilities.
- Verify Medical Information: Ensure creators have accurate medical information about impairments, such as night blindness, to prevent further discrimination.
- Avoid Stereotypes: Do not base portrayals on myths or stereotypes, such as the idea that individuals with impairments possess enhanced sensory superpowers, as this is not universally applicable.
- Inclusive Decision-Making: Make decisions with awareness of uniform participation, adhering to the principle of ‘nothing about us without us’.
The Court also highlighted the importance of training and sensitization programs and referred to the Convention on the Rights of Persons with Disabilities, which mandates consultation with rights advocacy groups to ensure accurate portrayals.
The case reached the Supreme Court after the Delhi High Court dismissed Malhotra’s plea, citing concerns over excessive censorship. The High Court noted that India already has strict prior censorship laws compared to many other countries.
Representing Malhotra were Senior Advocate Sanjoy Ghose, along with Advocates Jai Anant Dehadrai and Pulkit Agarwal. Solicitor General Tushar Mehta represented the Central Board of Film Certification (CBFC), while Senior Advocates Parag Tripathi and Ritin Rai, along with other advocates from Nishith Desai Associates, appeared for Sony Pictures India, the film’s producers.
This judgment marks a significant step towards ensuring respectful and accurate representation of PwDs in Indian media, promoting a more inclusive society.
