On March 28, 2024, the Delhi High Court directed the Ministry of Information and Broadcasting to finalise and notify guidelines to make films accessible to persons with disabilities, such as those with visual and hearing impairments, on or before July 15, 2024.
Hon’ble Justice Pratibha Singh, in her judgment, stressed the importance of making films accessible to persons with disabilities by making accessibility features mandatory, and directed the stakeholders to ensure compliance with such guidelines in an expeditious manner.
During the case proceedings, the Ministry of Information & Broadcasting, through an affidavit, stated that they are already in the process of finalising the ‘Draft Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment’.
In January, the ministry invited comments on the draft guidelines, which seek to set accessibility standards, and rules pertaining to accessibility features such as audio descriptions, open/closed captioning, and use and interpretation of sign language in relation to feature films.
The guidelines also focus on information and assistive devices needed by persons with disabilities to access and enjoy films in cinema halls.
Once framed, these guidelines would cover feature films certified by the Central Board of Film Certification for public exhibition in theatres screening films for commercial purposes.
In this context, the relevance of this judgement and its impact need to be analysed, along with the steps that need to be taken to include persons with disabilities (PwDs) in consultations regarding the policies and programmes that directly affect them.
Look At The Law
The Rights Of Persons With Disabilities Act (RPwD Act), 2016, describes a person with disability as someone “with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others”.
Under the RPwD Act 2016, the government is obligated to ensure that PwDs enjoy the right to equality, life with dignity, and respect for his or her own integrity on a par with others. The government, the law says, has to “take steps to utilise the capacity of the persons with disabilities by providing an appropriate environment”.
The provisions of the RPwD Act, 2016, argue for a rights-based approach that ensures accessibility and access to public and private buildings, workplaces, public utilities, and transport facilities.
As far as access to films is concerned, the obstacles are of such a nature that, despite being an important part of the subject line of several movies, persons with disabilities are unable to understand the vision of the director.
Similarly, dialogues’ critical and hidden meaning gets lost in the absence of assistive technologies like audio descriptions, and issues arise when synchronising and visualising flashback scenes.
It needs to be emphasised that the concept of reasonable accommodation is missing in the day-to-day lives of society at large.
The RPwD Act, 2016, defines reasonable accommodation as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities, the enjoyment or exercise of rights equally with others”.
Under Section 48, state governments are required to undertake a social audit of all general schemes and programmes involving the PwDs to ensure that the initiatives do not have an adverse impact upon the PwDs and address their requirements and concerns.
The government may utilise the principle of social audit, and other feedback mechanisms, to help increase the effectiveness of the guidelines in ensuring accessibility.
As we advance in our vision of a developed India, the inclusive and active participation of persons with disabilities is the need of the hour. To this end, minimum national standards for accessibility need to be put in place, for which the authorities concerned can be held accountable to ensure a balance between regulation and transparency, and to guarantee the fundamental rights of persons with disabilities.
How To Make Films Accessible For The Disabled? What Delhi HC Order Means For India’s Quest For Equality
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10.04.2024
On March 28, 2024, the Delhi High Court directed the Ministry of Information and Broadcasting to finalise and notify guidelines to make films accessible to persons with disabilities, such as those with visual and hearing impairments, on or before July 15, 2024.
Hon’ble Justice Pratibha Singh, in her judgment, stressed the importance of making films accessible to persons with disabilities by making accessibility features mandatory, and directed the stakeholders to ensure compliance with such guidelines in an expeditious manner.
During the case proceedings, the Ministry of Information & Broadcasting, through an affidavit, stated that they are already in the process of finalising the ‘Draft Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment’.
In January, the ministry invited comments on the draft guidelines, which seek to set accessibility standards, and rules pertaining to accessibility features such as audio descriptions, open/closed captioning, and use........
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