In a landmark judgment delivered today, the Supreme Court of India has issued comprehensive guidelines to ensure the dignified portrayal of persons with disabilities in visual media. The ruling came in response to a challenge regarding the certification of the film "Aankh Mihcoli," produced by Sony Pictures, which was accused of depicting persons with disabilities in an undignified manner.
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Bench and Context
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra heard the case. The Court ultimately decided not to interfere with the certification granted by the Central Board of Film Certification (CBFC) but used the opportunity to establish a framework for how persons with disabilities should be portrayed in visual media. This framework aligns with the anti-discrimination and dignity-affirming objectives of the Indian Constitution and the Rights of Persons with Disabilities Act.
Judgment Highlights
Chief Justice DY Chandrachud, authoring the judgment, emphasized the importance of respectful representation:
"As long as the overall message of the film justifies the depiction of disparaging language being used against persons with disability, it cannot be subjected to restrictions beyond those placed under Article 19(2). However, language that disparages persons with disabilities, marginalises them further and supplements the disabling barriers in their social participation, without the redeeming quality of the overall message of such portrayal must be approached with caution. Such representation is problematic not because it offends subjective feelings but rather because it impairs the objective societal treatment of the affected groups by society.129 We believe that representation of persons with disabilities must regard the objective social context of their representation and not marginalise persons with disability."
Guidelines for Media Portrayal of Persons with Disabilities
The Supreme Court issued detailed guidelines to the visual media for the portrayal of persons with disabilities. These guidelines include:
1. Avoiding Devalued Terminology
- Words such as “cripple” and “spastic” carry devalued meanings and contribute to negative self-image and societal discrimination.
- Language that individualizes impairment and overlooks disabling social barriers, such as “afflicted,” “suffering,” and “victim,” should be avoided or flagged.
2. Accurate Representation
- Creators must strive to accurately represent medical conditions to prevent misinformation and stereotypes.
- Misleading portrayals can entrench stereotypes and aggravate the disability.
3. Reflecting Lived Experiences
- Visual media must reflect the lived experiences of persons with disabilities.
- Portrayals should capture the diverse realities and not be a one-dimensional, albeit characterization.
4. Balanced Representation
- Depictions should showcase both the challenges and successes, talents, and contributions of persons with disabilities.
- This balanced representation can help dispel stereotypes and promote inclusivity.
5. Avoiding Stereotypes
- Persons with disabilities should not be lampooned based on myths (e.g., "blind people bump into objects") nor presented as "super cripples" with extraordinary abilities.
- Stereotypes implying enhanced abilities or superpowers can be harmful and unrealistic.
6. Inclusive Decision-Making
- Decision-making bodies must incorporate the principle of "nothing about us, without us," promoting participation and equal opportunities for persons with disabilities.
- Statutory committees should consult disability advocacy groups to assess films' impact on individuals' dignity.
7. Training and Sensitization
- Training programs for media creators, including writers, directors, producers, and actors, should emphasize respectful portrayal.
- Topics should cover the social model of disability, respectful language, and accurate, empathetic representation.
- Regular workshops and collaboration with disability advocacy groups can foster deeper understanding and commitment to responsible portrayal.
Case Citation
This judgment marks a significant step toward ensuring that persons with disabilities are portrayed with dignity and respect in visual media, fostering a more inclusive society.
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