Delhi High Court Directs Centre To Hold Stakeholder Consultation For Making Films Friendly For Visually And Hearing Impaired Persons

The Delhi High Court has directed the Union Government to hold a stakeholder consultation for making films disabled-friendly for visually and hearing impaired individuals and to ensure implementation of Rights of Persons with Disabilities Act, 2016.

Justice Prathiba M Singh directed the Ministry of Information and Broadcasting along with other relevant Ministries to hold the consultation with film producers, OTT platforms operating in India, television broadcasters, association of theatre owners, organizations consisting of disabled persons, distributors of films and any other stakeholder it may consider appropriate.

“In the stakeholder consultation, the discussions will be held in respect of the manner in which the provisions of the Act and the Rules can be implemented,” the court said while directing that stakeholder consultation be concluded by August 15.

The court also said that the Ministry of Information and Broadcasting is free to frame guidelines in the matter which may be placed on record before the next date of hearing.

“The Ministry may also bear in mind the draft accessibility standards for television programs for hearing impaired which have been put up for stakeholder consultation by notice dated November 03, 2021, while suggesting the framework of the future guidelines,” the court said.

The court was hearing a plea seeking direction to make captions in the movie accessible for visually and hearing impaired persons. It sought inclusion of audio description, close captioning and subtitles in the film in consonance with the rights of persons with disabilities.

The plea was moved by various PwDs, including a law student, lawyers and Executive Director of the National Association for the Deaf, seeking enforcement of various rights and accessibility requirements as prescribed under the Rights of Persons with Disabilities Act, 2016.

The case of the petitioners is that though various rights have been recognized for persons with disabilities and under the 2016 Act, films released in India are not catering to the needs of the disabled.

Taking note of the responses filed by Yash Raj Films, Union of India and Amazon, the court said that while the requisite compliances have been made in respect of the OTT release of the film Pathaan, the issue to be considered is the overall solution in respect of implementation of the statutory provisions and other directions to make films disabled friendly for visually and hearing impaired.

Advocate Rahul Bajaj appearing for the petitioners emphasized upon the fact that reasonable accommodation for persons with disabilities ought to be provided, so long as there is “no disproportionate or undue burden” upon the parties concerned.

He submitted that in contrast with the budget of films which are released in India, the cost that would be involved in providing the features in question would be very low. 

He also submitted that at the time of certification of films itself, the Central Board of Film Certification (CBFC) must insist that such features be made mandatory for the purpose of implementing the provisions of the RPWD Act and the Rules.

After hearing the parties, the court said: “The materials which have been relied upon by learned counsel for the petitioner, leaves no manner of doubt that the implementation ought to be made on an urgent basis in as much as though the government has directed inclusion of such features, the same is not being implemented across the board by all producers and platforms.”

The matter will now be heard in September.

Title: AKSHAT BALDWA & ORS. v. YASH RAJ FILMS

Citation: 2023 LiveLaw (Del) 290