Delhi High Court orders Centre to notify guidelines to ensure movies, OTT content can be enjoyed by disabled persons

The Delhi High Court recently ordered the Central government's Ministry of Information and Broadcasting (MIB) to finalise accessibility guidelines and notify them by July 15, 2024 so that hearing and visually impaired persons can enjoy films, web-series and similar content in movie theatres and on Over-The-Top (OTT) platforms [Akshat Baldwa & Ors v Yash Raj Films & Ors]. .In an order passed on March 15, Justice Prathiba M Singh said that the guidelines must make the provision of accessibility features mandatory and provide a reasonable period for compliance by all stakeholders. “In the meantime, insofar as any representations which are received by the MIB for inclusion of accessibility features in films are concerned, one Under Secretary from the MIB shall be nominated as the designated officer for receipt of such representations. The representations if received, shall be responded to within three working days and attempt shall be made that even in the interregnum, while the Guidelines are to be notified, that such features are included in features films, including on OTT platforms. The contact details of the said Under Secretary shall be published on the website by 10th April 2024, by the MIB,” the Court ordered.It said that if the notification is not issued by July 15, the petitioners can again approach the Court..Justice Singh passed the order while dealing with a plea filed by a group of people with disabilities and disability rights activists demanding that the movie theatres as well as OTT platforms must take steps to make the movies and other shows accessible to people with disabilities as well.The Court was told that the draft guidelines have already been published by the MIB..After considering the case, the Court observed that accessibility is crucial and is enforceable as a legal right and even private parties have to ensure that ‘reasonable accommodation’ measures are taken in order to enable greater accessibility for the hearing and visually impaired persons.“A hearing or visually impaired person may get easy physical access to a film theatre but may not be able to enjoy the film at all, if measures to make it enjoyable are not taken by the other stakeholders, including producers, theatre managers, OTT platforms, etc. The State has a positive obligation to ensure that all steps, that are reasonably possible, are taken in this direction,” the Bench noted.It said that the Representation of People with Disabilities Act (RPWD Act) was enacted in 2016 and as per the same, non-provision of accessibility features constitute an offence.The Court, therefore, passed the directions for time-bound notification of the guidelines and further said that the petitioners or any other stakeholder can avail any remedies once the guidelines come into force.Justice Singh also recorded the Court’s commendation for the sign language interpreters who were present for the hearing and explained the proceedings to the hearing-impaired people..Advocates Rahul Bajaj and Mahoor Ghani appeared for the petitioners.Advocates Abhishek Malhotra and Srishti Gupta represented Yash Raj Films.Central Government Standing Counsel (CGSC) Ravi Prakash along with advocates Astu Khandelwal, Farman Ali, Taha Yasin, Yasharth and Usha Jamnal appeared for MIB.Advocates Devvrat Joshi and Angad S Makkar represented Respondent No 4.Respondent No 5 was represented through advocates Nitin Sharma, Kuber Mahajan and Deepika Pokharia.Advocates Pranav Sarthi and Ayushi Chaurasia appeared for Respondent No 6..[Read Judgment]