'Art Is Non-Conformist' : Supreme Court Directs FTII To Accommodate Colour Blind Candidates In All Courses

A Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh further directed FTII to exclude colour grading modules in its diploma and film editing course or to make it an elective as suggested by the Committed appointed by it to look into the issue. Endorsing the majority view of the 7-member Committee, which was earlier appointed by the Court to examine the issue, the Bench noted -

"The conclusion shows a clear recommendation that all individuals will be allowed for all courses at FTII. Any limitation can be overcome. FTII should make accommodation in its curriculum for candidates with colour blindness and the colour grading module in existing diploma and film editing course curriculum should be excluded or made elective."

The Bench endorsed the majority view of the committee as under -

"Thus, we are of the opinion that the same is to be adopted by FTII in its curriculum….Other schools guided by similar curriculum are required to adhere to the discussion on this subject which forms the conclusion of the Committee."

The appellant had applied for the Diploma in Film Editing course for the admission to session 2015 and met all the requirements therein for admission to a three year post graduate diploma course in editing. After selection, when he was examined by the doctor ,he was found to be colour blind. The FTII cancelled his admission based on the report of the examination as the FTII Entrance Examination Rules barred colour blind students from being admitted in the institute for editing course. The sheet anchor of the matter was whether a person with colour blindness is precluded from pursuing a course in Diploma in editing in FTII.

The Committee had submitted the report. It was taken note of that Mr K. Rajashekharan, HoD editing FTII had dissented from the majority opinion of the Committee. On perusal of the majority opinion of the Court- appointed Committee and hearing the counsels, the Bench remarked -

"Art is non-conformist in character. The respondent institute is a premier institute and one would expect it to encourage liberal thought process and not put courses connected with films in any conformist box."

It noted that colour blindness is not a form of blindness but a deficiency; it is a medical condition which makes it difficult to distinguish between colours. From the report, the Bench observed -

"…estimated 8% of male population and less than 1% female population have red and green colour deficiency being the most common form of colour-blindness."

Allow colour blind students to pursue all film courses : Committee

The Committee noted that the appellant had been examined by the institutes' doctor and not an expert ophthalmologist to ascertain the nature and extent of colour blindness at the time of admission. In view of the application filed by the appellant, by its order dated 08.03.2022 the Court had directed Director of AIIMS to form a Committee of expert to look into the same.

The Committee examined the bar to FTII courses for colour blind students in terms of the curriculum, modules and the occupational roles.

The Committee was of the opinion that colour blind candidates should be allowed to pursue all course offered by FTII -

"As per 2020 FTII prospectus individuals with colour-blindness are ineligible to be enrolled in certain courses. It is the view of the committee that individuals with colour blindness should be permitted to be enrolled for all courses offered by FTII. Reasoning which permeates the findings of the Committees is that film and television creation are collaborative artforms. Restricting colour blind candidates to film courses may sacrifice creative talent and stultify the development of the art. Inclusivity enriches this creative artform by introducing variety."

It was suggested that reasonable accommodation is to be made by FTII to take care of the concerns of the candidate who suffer from colour blindness.

"It is not the role of FTII to decide the future prospect of the candidates as a film/TV professional. If learning limitations can be overcome by making reasonable accommodation with the help of an assistant. Editing is an art, technique and practice of assembling shorts into a coherent sequence and the job of an editor is not to mechanically put piece of a film together…a film editor works with layer of images, story, dialogues… to reimagine or rewrite the film in a cohesive manner."

Colour reading not an integral part of editor's work : Committee

The Committed noted that colour reading is not integral to the work of an editor and there are colourists who are employed to enhance colour or correct it. The editor, it opined, it only deals black and white rushes.

"The Committee examined editing curriculum and colour grading aspects. It stated that there is no role of colour grading for professional film editors. A colourist who is a specialised professional makes up for the colour enhancement, correction etc. The Committed analysed historic perspective of the role in a pre-digital film era carried out black and white rushes and the colour was added subsequently. The editor had to deal with black and white and had no requirement for colour vision."

The Committee also provided the illustration of Roger Deakins CBE -

"Illustratively, Mr. Ravi K. Chandran cinematographer informed that Roger Deakins CBE is one of the most acclaimed international cinematographer and won an Oscar award and also nominated 13 times for Oscar award and had difficulty in operating new age digital system for which he needs assistance."

It was noted that candidates with some kind of colour blindness can complete the colour grading module while those with certain particular kind would have difficulty in doing so. Colour grading not bearing any nexus with editing could be done away with so that all individuals can pursue the course.

"It was observed that some kind of curriculum might have difficulty in completing the colour grading module in the diploma in film editing curriculum offered by FTII and other types of colour blindness would not have any trouble in completing the course. The committee opined that the colour grading module has no relevance or nexus with the role of a film editor…"

The Committed was of the opinion that FTII being an internationally acclaimed premier film institute should set an example by making accommodation for colour blind candidates. Considering the success of black and white films, the Committee thought it was itself a good reason for not preventing colour blind individuals from attending editing courses. To substantiate its point, the Committed provided an example of the success of the Schindler's List.

Christopher Nolan was colour blind : Petitioner

The petitioner relied on the principle of "reasonable accommodation" under the Rights of Persons With Disabilities Act 2016. It was pointed out that the Court had allowed a colour blind student to pursue MBBS course in Pranay Kumar Podder vs State of Tripura (2017) 13 SCC 351.  It was also submitted that renowned director Christopher Nolan was colour blind.

To examine the issue, the Court constituted a committee on November 30, with the following composition :

1. Ravi K Chandran( Film Director).

2. Swapnil Patole(Colourist).

3. Shubha Ramachandra(Script Supervisor).

4. Akkineni Sreekar Prasad(Film Editor).

5. Rajasekharan(Course Creator/HOD Editing).

6. Jignesh Taswala(Ophthalmologist).

7. Shoeb Alam(Advocate, as he was in the Committee constituted by the Court in the Pranay Kumar Podder case).

Senior Advocate Colin Gonsalves appeared for the petitioner. Advocate Amit Anand Tiwari represented the FTII. The petition was filed through Advocate Satya Mitra. 

Case Title: Ashutosh Kumar v. The Film And Television Institute of India And Anr. C.A. No. 7719 of 2021

Citation: 2022 LiveLaw (SC) 429

Headnote

Films and Television Institute of India- Majority view of the Committee appointed by SC accepted - Individuals with color blindness should be permitted to enroll for ALL courses offered by FTII. There should be no bar to admissions to the FTII for colorblind individuals - FTII should make reasonable accommodation in their curriculum for candidates with color blindness, in all courses where there is a bar to the admission of colorblind individuals. (Para 26-35)

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