Consider Uploading Fresh Copy Of 'Jawan' Movie With Accessibility Features On OTT Platforms: Delhi High Court To Ministry Of I&B

The Delhi High Court has asked the Union Ministry of Information and Broadcasting to consider uploading a fresh copy of actor Shah Rukh Khan starrer “Jawan” film with accessibility features on OTT platforms.

Justice Prathiba M Singh also directed the Ministry to call the producers of the films “Jawan” and “Hi Papa” (yet to be released on OTT) for consultation and to impress upon them the importance of providing the accessibility features at least in the OTT release for the two movies.

The court was hearing a plea for making captions in the movie Jawan 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.

An application was moved by one of the petitioners, Akshat Baldwa, praying for providing accessibility features in theaters as well as on the OTT platform in the feature films Jawan and Hi Papa.

Advocate Rahul Bajaj appearing for Baldwa submitted that the accessibility features were not being followed on OTT platforms and thus, a direction should be issued that features should be made available for persons with disabilities on such platforms.

“In view thereof let the Ministry call the producers of the films 'Jawan' and 'Hi Papa' for consultation and impress upon them the importance of providing these features at least in the OTT release for these two films,” the court said.

It added: “Since it is easier to replace a particular copy of the film on OTT, uploading a fresh copy of the film 'Jawan' with accessibility features on OTT platforms shall be considered.”

The court ordered that the consultation in respect of the two movies be take place by January 20, 2024.

Justice Singh also directed the Ministry to file a status report and place the same on record by January 31, 2024.

The matter will now be heard on January 31, 2024.

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.

In April, the court had directed the Union Government to hold a stakeholder consultation for making films disabled-friendly and to ensure implementation of Rights of Persons with Disabilities Act, 2016.

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

Citation: 2023 LiveLaw (Del) 1345

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