Court Directs Stakeholders to Ensure Universal Access in Films for Persons with Disabilities, Citing Rights of Persons with Disabilities Act, 2016
In a pivotal judgment, the Delhi High Court has taken significant strides towards ensuring inclusive access to cinema for persons with disabilities. The case, titled Rahul Bajaj v. Mythri Movie Makers, was presided over by Dr. Swarana Kanta Sharma, J. The petitioner, Rahul Bajaj, who is visually impaired, brought forth a public interest petition seeking the implementation of accessibility features in films.
The petitioner highlighted the lack of accessibility features such as audio description, same-language closed captioning, and Indian Sign Language in films, which he argued effectively excludes persons with disabilities from enjoying and participating in cinema equally. Specifically, the petitioner sought to ensure that the upcoming film "<i>Pushpa 2: The Rule</i>" and others are released with these features across all media formats.
The court acknowledged the statutory and regulatory framework under the Rights of Persons with Disabilities Act, 2016, which mandates accessibility for persons with disabilities. The petitioner’s grievances were not limited to a single film but addressed the broader issue of accessibility in the film industry as a whole.
In response, the court has directed a joint meeting of all stakeholders, including the petitioner and respondents, to be convened within a week to deliberate on the broader concerns raised. The aim is to explore a mutually acceptable resolution that ensures universal accessibility in films. A decision following these discussions is expected within two weeks.
The court's decision underscores the necessity of making films accessible, thus promoting non-discriminatory access to entertainment for persons with disabilities. This move is anticipated to set a precedent, encouraging the film industry to adopt comprehensive accessibility measures.
Bottom Line :
Accessibility features such as audio description, same-language closed captioning, and Indian Sign Language must be incorporated in films to ensure meaningful and non-discriminatory access for persons with disabilities, in compliance with the Rights of Persons with Disabilities Act, 2016, and related guidelines.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Section 89
Rahul Bajaj v. Mythri Movie Makers, (Delhi) : Law Finder Doc id # 2961453