Understanding the Supreme Court’s Disability Portrayal Ruling in Films

Supreme Court Issues Guidelines to Prevent Discrimination in Visual Media

The Supreme Court recently made a groundbreaking ruling to prevent stereotyping and discrimination of persons with disabilities (PwDs) in visual media. This ruling came in response to a plea to ban the film “Aaankh Micholi” for its derogatory portrayal of people with disabilities. The Court laid down comprehensive guidelines to tackle stigmatization and discrimination, emphasizing the profound impact on the dignity and identity of PwDs.

The Framework to Combat Discrimination

The Supreme Court’s framework focuses on eliminating stigmatization and discrimination by advocating for the avoidance of words that perpetuate negative self-image and discriminatory attitudes, such as “cripple” and “spastic.” The Court emphasized the importance of providing an accurate representation of disabilities in visual media rather than mocking them. Additionally, the Court urged creators to involve persons with disabilities in the creation and assessment of visual media content.

Laws Upholding Disability Rights

The Rights of Persons with Disabilities (RPwD) Act, enforced from April 19, 2017, comprehensively addresses disability rights and replaced the Persons with Disabilities Act of 1995. Other laws governing disability rights include the National Trust Act (1999), Rehabilitation Council of India Act (1992), and Mental Health Care Act (2017). Different models, like medical and social models, shape the perspective on disability rights, with a recent shift towards the human rights model, emphasizing equal rights for individuals with disabilities.

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Challenges and Progress in Disability Rights

While welcoming the Supreme Court’s ruling, V. Muralidharan from the National Platform for the Rights of the Disabled highlighted the need for proper implementation of existing laws. He noted the prevalent charity-based mindset towards disabled individuals and criticized terms like ‘Divyang’ for reinforcing a patronizing attitude. Despite progress, challenges remain in ensuring full inclusion and participation of persons with disabilities in society.

Setting Boundaries for Creative Freedom

The Supreme Court emphasized that cinematic expression should not include the freedom to lampoon, stereotype, or disparage marginalized communities. Filmmakers are urged to consider the intention and overall message of their work to avoid misrepresenting or stereotyping individuals with disabilities. Collaborating with disability advocacy groups and implementing training programs for industry professionals are essential steps towards more respectful and accurate portrayals in visual media.

In conclusion, the Supreme Court’s guidelines mark a significant step towards combating discrimination and promoting accurate representations of persons with disabilities in visual media. By incorporating input from disabled individuals and advocating for sensitive portrayals, the industry can contribute to a more inclusive and equitable society.