Recently, on 8th July 2024, the Apex Court of India issued all-inclusive guidelines for the accurate representation of the people with disabilities (PwDs) in the country. These guidelines are meant to be followed by people working in the field of visual media, i.e., films and documentaries, so that no discrimination and typecasting of PwDs can be done. The landmark judgement highlighted the harmful impact of stereotypes on people with disabilities, as they are discriminated against and cannot enjoy their fundamental rights fully. With this judgement, it is apparent that PwDs must be represented in an authentic and sensitive manner. This will enable discourse to promote inclusivity rather than alienation.
Headed by Chief Justice of India D.Y. Chandrachud, the bench ruled, “Stereotyping is an antithesis to dignity and non-discrimination”. This shows the enhanced responsibilities of the judiciary in the emerging economy. These responsibilities include protecting individual rights as well as dealing with complicated matters of disability, mental health and gender equality.
The other justices of the bench asserted that the terms ‘disabling humour’ and ‘disability humour’ must be differentiated clearly. The disabling humour degrades the PwDs and maligns their disability. On the contrary, the disability humour impacts the conventional thoughts about disability, thereby challenging them. It gives a clearer explanation and better comprehension about disability to general public.
The Need for Guidelines for Portraying PwDs
Earlier in a Sony Pictures film Aankh Micholi, PwDs were portrayed in an insensitive way. So, a petition was filed against the film producers in the Supreme Court. The petitioner requested for certain guidelines, in relation to the provisions of the Rights of Persons with Disabilities (RPwD) Act, to be framed by the SC. The petitioner also appealed for censoring certain sections of the aforesaid film. Following which, the Supreme Court laid down a set of guidelines. The filmmakers and serial producers are supposed to comply with these guidelines at the time of filmmaking when they portray people with special needs in the visual media. The SC stated that ‘the creative freedom of the filmmaker cannot include the freedom to lampoon, stereotype, misrepresent, or disparage those already marginalised.’ The SC verdict is in accordance with the major objectives of RPwD Act 2016. The main aim of the Act is to uplift the PwDs by safeguarding their rights and ensuring their dignity in every walk of life.
Constitutional Provisions with regard to PwDs
The primary legislation addressing disability rights in India is the Rights of Persons with Disabilities (RPwD) Act 2016, which became effective in 2017. This Act replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. Additionally, other significant laws that regulate disability rights include the National Trust Act (1999), the Rehabilitation Council of India Act (1992), and the Mental Healthcare Act (2017).
According to the 2011 Census, there are 2.68 crore individuals with disabilities in the country, representing 2.21 per cent of the population.
Some of the key features of the Rights of Persons with Disabilities Act 2016 are as follows:
- This Act specifies the laws and legislation concerning the rights of PwDs.
- The Act defines the rules for 21 types of disabilities. The specified disabilities under the Act include blindness, law vision, prosy ceased persons, hearing impairment (deaf and hard of hearing), locomotor disability, dwarfism, intellectual disability, dwarfism, intellectual disability, mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, specific learning disabilities, multiple sclerosis, speech and language disability, thalassemia, haemophilia, sickle cell disease, multiple disabilities, including deaf blindness, acid attack victims, and Parkinson’s disease.
- Some 4 per cent of the total government jobs have been reserved for the PwDs. Recently, in January 2021, around 3,566 posts were notified by the government, which deemed suitable for the PwDs.
- About 5 per cent of the total seats in the government or government-aided institutions of higher education have been reserved for students with disabilities.
- PwDs will be able to access built-up environment, transportation system and ICT eco system easily with the help of suitable environment created by the government.
- With the implementation of the Act, PwDs will be encouraged to take part in sports, skill development and recreation.
- The implementation of the Act will be monitored regularly and efficiently by Chief Commissioner for PwDs and State Commissioners.
- Further, the government has initiated the punishment procedure in case of the violation of the provisions of the Act or any other related offences for safeguarding the rights of the PwDs.
- A special court is to be formed in all the districts so that the cases under the Act can be addressed more quickly.
Some Important Government Initiatives to Empower PwDs
Unique Disability ID Card (UDID sub-scheme) aims to establish a National Database for Persons with Disabilities across India. Under this initiative, disability certificates and Unique Disability Identity (UDID) cards are issued to individuals with disabilities through authorised medical authorities designated by state governments and union territories. The project’s primary goal is to enhance transparency and efficiency in delivering government benefits to persons with disabilities
GHARAUNDA (group home for adults) provides lifelong care and secure housing for individuals over 18 years with autism, cerebral palsy, mental retardation, or multiple disabilities under the National Trust Act. It includes medical care and vocational training to support daily living.
NIRAMAYA (health insurance scheme) requires a valid disability certificate and UDID card for disabled individuals with autism, cerebral palsy, mental retardation, or multiple disabilities. It offers health insurance coverage up to ` 1 lakh for various medical treatments without pre-insurance medical tests.
Disha Scheme is an initiative launched by the National Trust in India, aimed at providing early intervention and school readiness for children with disabilities aged 0–10 years. This program is designed to support children with disabilities recognised under the National Trust Act, facilitating their development through various therapies and training.
Vikaas (day care) is designed for children aged 10 years or older with autism, cerebral palsy, mental retardation, or multiple disabilities who are not enrolled in other schemes. It provides day-care services focused on enhancing interpersonal and vocational skills for at least six hours daily. For registered organisations (ROs) managing multiple initiatives, an option to implement a merged scheme Disha-cum-Vikaas Day Care Scheme was introduced.
Samarth (respite care) supports individuals with autism or cerebral palsy as per the 1999 Disability Act who are not enrolled in other schemes. Samarth Centres provide group home facilities with quality care and basic medical services for orphans, abandoned individuals, and PwDs from below poverty line (BPL) and lower income group (LIG) families.
SAHYOGI (caregiver training scheme) trains caregivers aged 18–35 to support disabled individuals through primary and advanced courses, including internships. It establishes care associate cells (CACs) nationwide to create a skilled workforce dedicated to PwD care.
Deendayal Disabled Rehabilitation Scheme provides financial assistance to NGOs registered under relevant acts to empower persons with disabilities for societal participation by supporting rehabilitation services.
GYAN PRABHA provides educational support to individuals with autism, cerebral palsy, mental retardation, and multiple disabilities. It encourages them to pursue various educational and vocational courses, including graduation and professional training, by offering financial assistance to cover fees, transportation, books, and other related expenses.
PRERNA focuses on marketing assistance for products and services produced by persons with disabilities. Its objective is to create viable channels for selling these products through funding support for participation in exhibitions, fairs, and other events. ROs can receive incentives based on the sales turnover, promoting the economic empowerment of individuals with disabilities.
The welfare schemes for PwDs aim to enhance financial independence and social inclusion for individuals with disabilities. Key supports include a Rs 1,500 monthly disability allowance, a Rs 30,000 marriage incentive to promote social acceptance, and scholarships ranging from Rs 3,000 to Rs 8,000 annually for students. Additionally, eligible individuals can access a Free Travel Card for public transport and an unemployment allowance of Rs 400 to Rs 1,000 monthly for unemployed persons.
Swavalamban Scheme for Persons with Disabilities is designed to provide financial assistance and support to individuals with disabilities in India. The National Divyangjan Finance and Development Corporation (NDFDC) oversees the implementation of the scheme, changeling funds through state-level agencies and selected banks. It was the first health insurance plan for persons with disabilities that included coverage for mental health conditions.
Indira Gandhi National Disability Pension Scheme The scheme offers monthly income support to economically disadvantaged adults with disabilities. Eligible individuals aged 18–79 with over 80 per cent disability receive a pension of Rs 300 per month, increasing to Rs 500 for those aged 80 and above.
ADIP Scheme (assistance to disabled persons for purchase/fitting of aids and appliances) The ADIP scheme assists disabled individuals in acquiring modern aids and appliances to enhance their rehabilitation. It is open to Indian citizens with a minimum 40 per cent disability certificate and an income below Rs 30,000 per month.
BADHTE KADAM (awareness, community interaction, and innovative project) This initiative aims to raise awareness and promote the inclusion of PwDs. It supports ROs in conducting awareness activities targeting various stakeholders under the National Trust Act.
PM DAKSH–DEPwD is launched by the Ministry of Social Justice and Empowerment. This digital platform provides PwDs access to skill training and employment opportunities through seamless registration and job listings across India.
Accessible India Campaign (Sugamya Bharat Abhiyan), launched by Ministry of Social Justice & Empowerment, aims to create an accessible environment by improving the physical infrastructure, transportation systems, and information and communication frameworks making it accessible for PwDs from participating fully in society.
National Handicapped Finance and Development Corporation provides financial assistance to PwDs for starting and managing their businesses while offering vocational training to promote self-sufficiency.
Important Guidelines Laid Down by the Supreme Court
The major guidelines to be followed by the filmmakers or others working in the visual media are as follows:
- Being sensitive to language used Filmmakers or producers must be sensitive to the script that they use in the film while portraying PwDs. The script must not include the words like ‘spastic’ or ‘crippled’ while referring to them, as it leads to institutional discrimination. These words develop negative image in the minds of PwDs. Besides, discriminatory attitude gets encouraged amongst the public.
Apart from this, the filmmakers must not use the terms that make the disability distinct and prominent. Also the terms that neglect the social barriers must be avoided. For instance, ‘suffering’, ‘afflicted’, ‘victimised’, etc. - Portraying the medical condition of PwDs accurately Filmmakers should make efforts to portray the medical condition of PwDs exactly as it is. This would discourage the spread of misinformation among the general public. This would also enable breaking down of stereotypes about such people.
- Promoting comprehensive and varied portrayals Filmmakers should focus on depicting the real life experiences of PwDs. Their varied circumstances should be portrayed in an actual manner instead of representing their ableist and one-dimensional characteristics. Besides, filmmakers should strive to portray the positive aspects of their lives, such as their talents, intelligence, successes, and contribution to the society as a whole. As a result, general public will get a more comprehensive understanding of impairment.
- Keeping away from degrading stereotypes Filmmakers must maintain the dignity of PwDs. They should not be ridiculed on the basis of myths and rumours. Besides, filmmakers should not represent them as ‘crippled’ having remarkable traits. This is because it signifies that they need to compensate for their disabilities in extraordinary ways to earn the respect of other people.
- Ensuring PwDs’ participation in decision-making Filmmakers should abide by the following principle: ‘Nothing about us, without us.’ According to this principle, the content of visual media that is related to PwDs must be created and examined only in their presence, and it should be broadcast only with their consent.
- Ensuring collaboration and consultation The film producers should make efforts to get valuable insights into the lives of PwDs so that the producers understand how to portray them accurately and respectfully. For this, they must approach disability advocacy groups and collaborate with them. This may ensure that visual media content is in line with actual experiences of PwDs.
- Getting trained and sensitised The government should conduct training and mock drills for filmmakers, directors, writers, and actors. This would make them aware about how the portrayals influence the public perception as well as the experiences of PwDs. Using dignified language, portraying empathetically and accurately, and adopting social model of disability should be included in the training programmes.
Conclusion
The landmark verdict of the SC is vital for the welfare of the PwDs so that their dignity and respect is maintained in the field of visual media. These guidelines will result in the representation of PwDs with dignity and inclusivity as the verdict states that it is essential for writers, directors, producers, and actors to take training programs, to highlight how portrayals influence public perceptions and the real-life experiences of individuals with disabilities. This may bring about drastic change in the outlook of the society, and the principle of equality will be followed. The implementation of these guidelines will enable the PwDs to participate in the creative process of visual media. Overall, it will remind filmmakers to contribute to a just and inclusive era.
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