Supreme Court’s Landmark Ruling on PwDs in Media

Context:

In a landmark ruling, the Supreme Court issued comprehensive guidelines to prevent stereotyping and discrimination against persons with disabilities (PwDs) in visual media, including films and documentaries. The guidelines were issued while hearing a plea to ban the film “Aaankh Micholi” for its derogatory portrayal of PwDs. However, the SC declined to interfere with the Central Board of Film Certification’s (CBFC) decision to clear the movie for public screening.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Supreme Court’s Ruling on Representation of Persons with Disabilities (PwDs)
2. Significance of the Supreme Court’s Ruling
3. Shortcomings of the Ruling
4. Way Forward – Guidelines to Prevent Stereotyping and Discrimination of PwDs

Supreme Court’s Ruling on Representation of Persons with Disabilities (PwDs)

Emphasis on Authentic Representation

• The Supreme Court stressed the importance of authentic and respectful portrayal of individuals with disabilities in films and media.
• It underscored the societal impact of cinematic representations, emphasizing inclusivity and realism.

Limitations on Creative Freedom

• The court clarified that creative freedom does not extend to lampooning, stereotyping, misrepresenting, or disparaging marginalized communities, including PwDs.
• It recognized cinema’s influential role in shaping public perceptions and warned against perpetuating harmful stereotypes.

Constitutional Perspective

• According to Article 14 of the Indian Constitution, stereotyping undermines dignity and contradicts anti-discrimination principles.
• The ruling distinguishes between ‘disability humor’ that fosters understanding and ‘disablement humor’ that denigrates.

Significance of the Supreme Court’s Ruling

Industry and Activist Reception

• Welcomed by industry insiders and disability rights activists, the ruling marks a pivotal step in transforming the narrative around disability in India.
• It aligns with the Rights of Persons with Disabilities Act 2016, aiming to safeguard the rights and dignity of PwDs in all facets of life.

Human Rights Model of Disability

• The ruling reinforces the human rights model of disability, obliging governments and private entities to ensure full participation of PwDs in society.
• This model contrasts with the medical model, asserting that PwDs are integral members of society with equal rights.

Shortcomings of the Ruling

Abstract Nature of Human Rights Model

• Implementation challenges arise due to the abstract nature of the human rights model of disability.
• The guidelines primarily address visual media, potentially limiting their scope in other forms of representation.

Creative Freedom Concerns

• Critics argue that the ruling may conflict with the principle of creative freedom, essential for artistic expression.

Way Forward – Guidelines to Prevent Stereotyping and Discrimination of PwDs

Seven-Point Guidelines for Filmmakers

• Filmmakers are expected to adhere to specific guidelines when portraying PwDs in visual media:
  • Avoiding derogatory language that perpetuates institutional discrimination and negative self-image.
  • Addressing social barriers in language and portrayal.
  • Ensuring accurate portrayal by consulting reliable medical information.
  • Avoiding myths and stereotypes, such as attributing enhanced sensory abilities to PwDs.
  • Practicing inclusion by involving PwDs in the creative process (“nothing about us, without us”).
  • Consulting disability rights advocacy groups to ensure accurate and respectful representation.
  • Providing training and sensitization programs for creators to enhance awareness and understanding.

-Source: Times of India