The SC ruling on portrayal of disability in films

• 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.

What is the framework?

• The Supreme Court’s framework focuses on the prevention of stigmatization and discrimination, recognising their profound impact on the dignity and identity of persons with disabilities.
• Among the guidelines is a call to avoid words that cultivate institutional discrimination, such as “cripple” and “spastic,” as they contribute to negative self-image and perpetuate discriminatory attitudes.
• A Bench headed by the Chief Justice of India said stereotyping differently abled persons in visual media and films must end, asking creators to provide an accurate representation of disabilities rather than mocking them.
• Language that individualizes the impairment and overlooks disabling social barriers, for example, words like “afflicted,” “suffering” and “victim”, should be avoided, it said.
• The court also asked creators to practice the principle of “nothing about us, without us,” and involve persons with disabilities in the creation and assessment of visual media content.

What are laws which grant disability rights?

• The law which comprehensively deals with disability rights is the Rights of Persons with Disabilities (RPwD) Act which came into force from April 19, 2017.
• It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
• The National Trust Act (1999), Rehabilitation Council of India Act (1992), Mental Health Care Act (2017) are the other laws that govern disability rights.

What about creative freedom?

• Cinematic expression doesn’t have absolute power when it operates in the context of marginalized communities. It has to be looked at from the overall context of the expression and intent behind the expression.
• The Supreme Court said “the creative freedom of the filmmaker cannot include the freedom to lampoon, stereotype, misrepresent or disparage those already marginalised”. In determining these aspects, the “intention” and “overall message” of the film have to be considered.

What is the way forward?

• The court emphasised on collaboration with disability advocacy groups to gain invaluable insights and guidance on respectful and accurate portrayals, ensuring the content aligns with the lived experiences of persons with disabilities.
• It has also said that implementing training programmes for writers, directors, producers, and actors to emphasise the impact of portrayals on public perceptions and the lived experiences of persons with disabilities is a necessity.