Why in News?

The Supreme Court in a landmark ruling laid down comprehensive guidelines to prevent stereotyping and discrimination of persons with disabilities (PwDs) in visual media, including films and documentaries.

The SC issued guidelines while hearing a plea to ban the film Aaankh Micholi for derogatory portrayal of PwDs. However, the SC refused to interfere with CBFC's decision to clear movie for public screening.

What’s in Today’s Article?

• What is the SC’s Ruling Against the Insensitive Representation of PwDs?
• What is the Significance of the Ruling?
• What are the Shortcomings of the Ruling?
• Way Forward - 7-Points Guidelines to Prevent Stereotyping and Discrimination of PwDs

What is the SC’s Ruling Against the Insensitive Representation of PwDs?

• The SC emphasised the need for authentic and respectful representation of individuals with disabilities in films and media.
• The bench highlighted the importance of inclusivity and realism in cinematic portrayals, underlining the societal impact of such representations.
• The SC said that the creative freedom of the filmmaker cannot include the freedom to lampoon, stereotype, misrepresent or disparage those already marginalised.
• The court recognised the influential role of cinema in shaping public perceptions and stressed that inaccurate or stereotypical portrayals can perpetuate harmful misconceptions.
• According to Article 14 of the Indian Constitution, stereotyping is an antithesis of dignity and anti-discrimination rule.
• Therefore, there must be a clear distinction between ‘disability humour’ which helps in understanding the disabled and ‘disablement humour’ which denigrates it.

What is the Significance of the Ruling?

• The ruling has been welcomed by the industry insiders and disability rights activists as a crucial step towards changing the narrative around disability in India.
• The ruling also aligns with the broader goals of the Rights of Persons with Disabilities (RPwD) Act 2016, which seeks to protect and promote the rights and dignity of PwDs in all spheres of life.
• The SC emphasised on the human rights model of disability rights, making the government and private parties obliged to facilitate full and effective participation of PwDs in society.
  • Models under which disability rights are looked at, are of two types - medical and social models.
  • The human rights model is an evolution of the social model and says that people with disability are a part of society and have the same rights as everyone else.

What are the Shortcomings of the Ruling?

• The human rights model is an abstract idea and difficult to implement.
• The guidelines are limited to visual media.
• The judgement may go against the spirit of ‘creative freedom.’

Way Forward - 7-Points Guidelines to Prevent Stereotyping and Discrimination of PwDs:

• The SC expects filmmakers to adhere to these 7-point guidelines while representing PwDs in the visual media.
• The 7-point guidelines are -
  • To avoid words (like words crippled, etc) which lead to institutional discrimination and negative self-image.
  • To avoid language which overlooks the social barriers.
  • Creators must check for adequate medical info about an impairment like night blindness which may increase discrimination.
  • Such info should not be based on myths. For example, stereotypes show that impaired persons have enhanced sensory superpowers.
  • Creators must practice the principle of “nothing about us, without us,” and involve PwDs in the creation and assessment of visual media content.
  • As per the convention to protect rights of PWDs, PwDs must be portrayed in the visual media after consultation with their rights advocacy groups.
  • There must be training and sensitisation programmes for creators.