The judgment underscored the detrimental impact of stereotypes on discrimination and the enjoyment of fundamental rights.

The Supreme Court, in a landmark ruling on Monday, laid down comprehensive guidelines to prevent stereotyping and discrimination of persons with disabilities (PwDs) in visual media, including films and documentaries, emphasising the importance of sensitive and accurate representation of PwDs in order for discourse to be inclusive rather than alienating.

Stereotyping is an antithesis to dignity and non-discrimination,” held a bench, led by Chief Justice of India Dhananjaya Y Chandrachud, highlighting the judiciary’s evolving role in not only safeguarding individual rights, but also in addressing complex intersections of disability, gender and mental health, enriching the discourse on equality and ensuring that the fundamental rights of all individuals are upheld.
The bench, also comprising justices JB Pardiwala and Manoj Misra, added: “We must distinguish disabling humour that demeans and disparages persons with disability from disability humour, which challenges conventional wisdom about disability. While disability humour attempts to better understand and explain disability, disabling humour denigrates it...We take this opportunity to provide a framework of the portrayal of persons with disabilities in the visual media that aligns with the anti-discrimination and dignity affirming objectives of the Constitution as well as the rights of persons with disabilities.”
The judgment underscored the detrimental impact of stereotypes on discrimination and the enjoyment of fundamental rights. “This Court is cognisant of the impact of stereotypes on discrimination and the enjoyment of fundamental rights. We have framed safeguards against stereotyping under the anti-discrimination code and Article 15, which protect the right to dignity and equality,” it said.

Stressing the need to view disability as a nuanced, individualised concept shaped by various factors, the bench rejected a “one-size-fits-all” approach. It acknowledged the importance of preventing stigmatisation and discrimination against individuals with disabilities, recognising the profound impact on their sense of identity and dignity.

The Supreme Court laid down several key guidelines for the portrayal of persons with disabilities in visual media, premising its ruling on the ideas that “the language of thought discourse ought to be inclusive rather than alienating” and that “representation of persons with disabilities must regard the objective social contexts of their representation instead of marginalising them”.
 

Terms that perpetuate negative stereotypes, such as “cripple” and “retard” must be avoided as they contribute to a negative self-image and discriminatory attitudes, it directed.

“Creators must strive for accurate representation of medical conditions to prevent misinformation and stereotypes. The misleading portrayal of what a condition entails may perpetuate misinformation about the condition and influence stereotypes about persons with such impairments, aggravating the disability,” said the bench.
It further held: “Visual media should strive to depict the diverse realities of persons with disabilities, showcasing not only their challenges but also their successes, talents, and contributions to society. They should neither be lampooned based on myths such as blind people bump into objects in their path, nor presented as ‘super-cripples’ with extraordinary abilities.”
 

The context, intention, and overall message of a film must be considered before judging its content, said the bench, adding disabling humour that demeans PwDs should be distinguished from humour that challenges conventional wisdom about disability.

“As long as the overall message of the film justifies the depiction of disparaging language being used against persons with disabilities, it cannot be subjected to restrictions beyond those placed in Article 19 (reasonable restrictions). However, language that disparages persons with disabilities, marginalises them further and supplements with disabling barriers in their social participation without the redeeming quality of the overall message of such portrayal, must be approached with caution. Such representation is problematic not because it offends subjective feelings, but rather because it impairs the objective society treatment of the affected groups by society,” the Court underscored.
 

Decision-making bodies must bear in mind the value of participation. ‘Nothing about us without us’ principle is based on the promotion of participation of persons with disabilities and equalisation of opportunities. It must be put into practice in constituting such statutory committees and inviting expert opinions for assessing the overall message of films and their impact on dignity of individuals under the Cinematograph Act and Rules,” directed the bench further so as to ensure that PwDs have a voice in evaluating media content.

Engaging with disability advocacy groups can provide invaluable insights and ensure accurate and respectful portrayals, said the bench, adding that media creators should undergo training and sensitisation programs.

The petition in the matter was filed by Nipun Malhotra, a disability rights activist, who complained against movie “Aankh Micholi”, produced by Sony Pictures Films India, arguing that the film contained derogatory and discriminatory remarks towards PwDs.
Senior Advocate Sanjoy Ghose, representing Malhotra, highlighted specific instances in the film where people with speech disabilities were called “atki hui cassettes” (stuck cassettes) and a person with memory issues was referred to as “bhulakkad baap” (forgetful father).
The Supreme Court’s ruling is a significant step towards ensuring that the representation of PwDs in media is dignified and non-discriminatory. By laying down thorough guidelines, the top court has promoted a more inclusive and respectful portrayal of disabilities in visual media, aligning with the anti-discrimination and dignity-affirming objectives of the Indian Constitution and the Rights of Persons with Disabilities Act.
Dr Vaibhav Bhandari, disability rights activist and the founder of Swavlamban Foundation, said that the Supreme Court’s ruling represents a monumental step forward for the representation of persons with disabilities in visual media.
s a disability activist dedicated to disability rights, I applaud the Court’s emphasis on dismantling harmful stereotypes and fostering a more inclusive media landscape. This judgment not only underscores the importance of dignified representation but also champions the principle of ‘nothing about us without us’ by advocating for the inclusion of PwDs in media decision-making processes. The Court’s guidelines will help ensure that media content reflects the full spectrum of experiences of PwDs, promoting respect and understanding in line with our constitutional values,”Bhandari, who was conferred a national award in 2022 for social work, added.
 

Disability rights movements in India have a rich history, with significant progress over the past few decades. The passage of the Rights of Persons with Disabilities (RPwD) Act in 2016 marked a landmark moment, replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The RPwD Act aims to protect the rights of persons with disabilities and ensure their full and effective participation in society.
 

The Supreme Court of India has played a crucial role in advancing disability rights through landmark judgments. It has consistently upheld the rights of persons with disabilities, ensuring they are treated with dignity and respect. Notable judgments, starting from the Javed Abidi judgment in 1998, include directions to make public places accessible and ensuring reservations in educational institutions and employment for persons with disabilities.

In Vikash Kumar Vs Union Public Service Commission (2021), the Supreme Court held that persons with disabilities are entitled to “reasonable accommodations” during the selection process for public service positions, including judicial appointments. The Court emphasized the need to provide equal opportunities to candidates with disabilities .

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Source: https://www.hindustantimes.com/india-news/sc-releases-guidelines-to-prevent-stereotyping-of-differently-abled-101720463417017.html