Supreme Court lays down framework for portraying persons with disabilties in visual media

The Supreme Court on Monday laid down a framework for portraying persons with disabilities (PwDs) in visual media. [Nipun Malhotra v. Sony Pictures Films India Pvt Ltd]..A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala was hearing a plea highlighting disparaging remarks against PwDs in the movie Aankh Micholi. It noted the jokes in the movie and underlined the distinction between humour that helps understand disability and humour which denigrates it."There have been jokes made on disabled for comic relief. This understanding is obsolete under the new social model. This lack of familiarity arises due to inadequate representation of disabled in dominant discourse. We must distinguish disability humour which helps in understanding the disabled, but the other is disablement humour which denigrates it," the Court said..In its judgment passed today, the Court laid down the following guidelines for the portrayal of PwDs in visual media that aligns with the anti-discrimination and dignity affirming objectives of the Constitution as well as the Rights of Persons with Disabilities (RPwD) Act (RPwD) Act:Avoid using words that lead to institutional discrimination and contribute to a negative self-image, such as 'crippled,' etc.Avoid language that overlooks social barriers faced by individuals with disabilities.Ensure visual media must reflect lived experiences of PwDs and should not be a uni-dimensional, ableist characterisation.Ensure portrayals reflect multifaceted lives of PwDs, emphasizing their roles as active community members who contribute meaningfully across various spheres of life.Ensure creators verify adequate medical information about an impairment, such as night blindness, to prevent increasing discrimination.Portrayals should not be based on myths or stereotypes, such as the notion that individuals with impairments possess enhanced sensory superpowers, as this is not universally applicable.Decisions should be made with awareness of uniform participation, adhering to the principle of 'nothing about us without us.'.The Court also referred to training and sensitisation programs as well as the Convention on the Rights of Persons with Disabilities which includes measures to ensure accurate portrayals after consultation with their rights advocacy groups..The Supreme Court had in March sought the response of the Central government to the plea. The petitioner is disability rights activist Nipun Malhotra, whose grievance was that the film and its trailer contained derogatory references to PwDs.The matter reached the Supreme Court after the Delhi High Court dismissed Malhotra's plea, opining that there should not be too much censorship.The High Court, at the time, had observed that India was already among the few countries that have prior censorship laws in place..Senior Advocate Sanjoy Ghose with Advocates Jai Anant Dehadrai and Pulkit Agarwal appeared for Malhotra.Solicitor General Tushar Mehta appeared for the Central Board of Film Certification (CBFC).Senior Advocates Parag Tripathi and Ritin Rai, along with advocates Gowree Gokhale, Alipak Banerjee, Tanisha Khanna, Karishma Karthik from Nishith Desai Associates, and Salvador Santosh Rebello, Advocate-on-Record (AoR) appeared for appeared for Sony Pictures India, the film's producers..[Read Judgment]