Supreme Court Guidelines on Stereotyping Differently-Abled Persons in Films and Media
Kartavya Desk Staff
#### Syllabus: Indian Society/ Social Justice
Context: The Supreme Court of India, led by Chief Justice D.Y. Chandrachud, has issued a landmark judgment addressing the portrayal of differently-abled individuals in visual media and films.
What did the SC say?
The Supreme Court observed that stereotyping differently-abled persons perpetuates discrimination and inequality. The judgment was in response to activist Nipun Malhotra’s petition challenging the portrayal of differently-abled individuals in the film ‘Aankh Micholi.’
Key features of Guidelines are:
• Guidelines for Creators: Avoid insensitive language; Seek accurate representation of medical conditions;
• CBFC and Expert Opinion: The Central Board of Film Certification (CBFC) must seek the opinion of experts on disability before certifying films for screening.
• Inclusivity Principle: Follow the ‘Nothing about us, without us’ principle to ensure inclusivity. Involve differently-abled individuals in statutory committees for decision-making under the Cinematograph Rules.
• Diverse Depictions: Visual media should depict the diverse realities of persons with disabilities, showcasing their challenges, successes, talents, and contributions to society.
• Accurate Representation: Films and visual media content must aim for an accurate representation of medical conditions as much as possible.
What is Stereotyping?
Stereotyping is a specific belief or assumption (thoughts) about individuals based solely on their membership in a group, regardless of their individual characteristics.
Example: A TV show depicting a character with a physical disability as completely dependent on others, ignoring their potential for independence and self-sufficiency.
Reasons Why Differently-Abled Individuals Are Stereotyped:
• Lack of Exposure: Limited interaction and exposure to differently-abled individuals lead to misconceptions.
• Media Portrayals: Negative or inaccurate representations in films and visual media.
• Cultural Myths: Historical and cultural myths that associate disability with weakness or abnormality.
• Educational Gaps: Insufficient education and awareness about disabilities and the capabilities of differently-abled people.
• Social Prejudices: Deep-rooted societal prejudices and biases.
• Medical Model of Disability: Focus on disability as a personal tragedy or defect, rather than recognizing social barriers.
• Language: Use of derogatory and insensitive language.
• Lack of Advocacy: Inadequate representation and advocacy for differently-abled individuals in decision-making processes.
Who are Persons with Disabilities?
Persons with disabilities include those with long-term physical, mental, intellectual, or sensory impairments that, in interaction with barriers, hinder their full participation in society (UN CRPD). The Rights of Persons with Disabilities Act, 2016, aligns with this definition and specifies a “Person with Benchmark Disability” as having at least 40% of a specified disability. The 2016 Act expanded recognized disabilities from 7 to 21, with provisions for the Union Government to add more.
Status of Persons with Disabilities in India (2011 Census)
• 2.21% of the total population
• 56% male, 44% female
• 69% reside in rural areas
Other Issues Related to Persons with Disability in India:
• Discrimination: Stigma and lack of understanding hinder their full participation; Women and girls with disabilities face higher risks of gender-based violence.
• Health: Many disabilities are preventable but lack awareness and accessible medical facilities
• Education and Employment: Limited special schools, access, trained teachers, and materials; Lower employment rates for disabled adults compared to the general population.
• Political Participation: Exclusion from political processes Lack of data on disabled populations in constituencies Inaccessibility of voting processes (e.g., limited braille EVMs). Political parties do not prioritize disabled needs due to perceived low electorate size.
• Exclusion from political processes
• Lack of data on disabled populations in constituencies
• Inaccessibility of voting processes (e.g., limited braille EVMs).
• Political parties do not prioritize disabled needs due to perceived low electorate size.
• Lax Implementation: Many buildings remain inaccessible despite the Accessible India Campaign; Quotas for the disabled in government jobs and education often remain unfilled.
Provisions for Persons with Disabilities:
Category | Provision
Constitutional Provisions | Preamble: Secures social justice and equality of opportunity.
Fundamental Rights: Ensures dignity and fundamental rights to persons with disabilities.
Directive Principles: Articles 41 and 46 support the right to work, education, public assistance, and the promotion of weaker sections’ interests.
State Subject: Relief of the Disabled (Entry 9, List II) under the Seventh Schedule.
Eleventh and Twelfth Schedule: Welfare of the Disabled and mentally retarded (Items 26 and 09).
Legal Provisions | Mental Health Act, 2017: Provides mental healthcare and protects the rights of persons with mental illness.
RPwD Act, 2016: Replaces the 1995 Act, increases reservations for disabled persons in jobs and education, and ensures accessibility in public buildings.
Rehabilitation Council of India Act, 1992: Regulates services for persons with disabilities and maintains a register of qualified professionals.
National Trust Act, 1999: Provides welfare for persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities.
Welfare Programmes | Accessible India Campaign: This aims to create an accessible environment for PwDs, focusing on the built environment, transportation, and ICT ecosystem.
Deendayal Disabled Rehabilitation Scheme (DDRS): Provides financial assistance to NGOs for rehabilitation projects for persons with disabilities.
Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP): Assists in procuring aids and appliances for disabled persons to enhance their rehabilitation and economic potential.
Indian Sign Language Research and Training Centre: Promotes sign language and develops human resources in the field.
National Institute of Mental Health Rehabilitation: Focuses on capacity building and community-based rehabilitation for mainstreaming persons with mental illness.
National Policies | National Policy for Persons with Disabilities, 2006: Framework for disability rights.
Draft Guidelines: Accessibility standards for public exhibition of films for persons with hearing and visual impairments.
Global | Incheon Strategy to “Make the Right Real” for Persons with Disabilities in Asia and the Pacific.
United Nations Convention on Rights of Persons with Disability
UN Principles for People with Disabilities
International Day of Persons with Disabilities
Strategies for Accommodating and Including Persons with Disabilities:
• Accommodation and Inclusion: Employment: Ensure equal job opportunities. Social and Political Participation: Encourage active involvement in social and political decisions.
• Employment: Ensure equal job opportunities.
• Social and Political Participation: Encourage active involvement in social and political decisions.
• Sensitization: Changing Attitudes: Adopt the term “Divyangjan” to highlight the potential of persons with disabilities. Education Campaigns: Increase public awareness about the challenges faced by PwDs; Inclusive schools with transition programs to mainstream education.
• Changing Attitudes: Adopt the term “Divyangjan” to highlight the potential of persons with disabilities.
• Education Campaigns: Increase public awareness about the challenges faced by PwDs; Inclusive schools with transition programs to mainstream education.
• Preventive Measures: Newborn Screening: Expand the CNS program under Rashtriya Bal Swasthya Karyakram for early detection of disabilities. Under this, a comprehensive clinical examination is to be performed on all babies, usually within the first 48 hours of life. Healthcare Access: Improve care for pregnant mothers and medical facilities in rural areas with union government support.
• Newborn Screening: Expand the CNS program under Rashtriya Bal Swasthya Karyakram for early detection of disabilities. Under this, a comprehensive clinical examination is to be performed on all babies, usually within the first 48 hours of life.
• Healthcare Access: Improve care for pregnant mothers and medical facilities in rural areas with union government support.
• Public Policy Interventions: Budget Allocation: Increase funding for disabled welfare, similar to gender budgeting. Monitoring: Implement systems for monitoring and accountability of public funds.
• Budget Allocation: Increase funding for disabled welfare, similar to gender budgeting.
• Monitoring: Implement systems for monitoring and accountability of public funds.
• Community-Based Rehabilitation (CBR): Ensure people with disabilities can maximize their abilities, access services, and integrate fully into communities.
• Public Awareness: Campaigns: Run social campaigns to change attitudes towards PwDs. Media Representation: Promote positive portrayals in media (e.g., “Taare Zameen Par” and “Barfi”)
• Campaigns: Run social campaigns to change attitudes towards PwDs.
• Media Representation: Promote positive portrayals in media (e.g., “Taare Zameen Par” and “Barfi”)
Insta Links:
• Persons with Disabilities
Prelims Link:
India is home to lakhs of persons with disabilities. What are the benefits available to them under the law? (USPC 2011)
• Free schooling till the age of 18 years in government run schools.
• Preferential allotment of land for setting up business.
• Ramps in public buildings.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
Ans: (d)
Source: TH