The Supreme Court of India July 8, 2024, in a landmark verdict, issued a set of guidelines to govern how people with disabilities are portrayed in films and other visual media.
The seven-point guidelines were in response to a petition filed against the insensitive representation of people with special needs in a Sony Pictures film Aankh Micholi.
In the landmark ruling, SC emphasised the need for authentic and respectful representation of individuals with disabilities in films and media. The bench, led by Chief Justice of India (CJI) DY Chandrachud, delivered a powerful statement on the importance of inclusivity and realism in cinematic portrayals, underlining the societal impact of such representations.
The court recognised the influential role of cinema in shaping public perceptions and stressed that inaccurate or stereotypical portrayals can perpetuate harmful misconceptions.
It is imperative that films depict the reality of disabled persons' lives as resorting to stereotypes belittles the diverse experiences of these people, the CJI highlighted. “Stereotyping is an antithesis of dignity and anti discrimination code, as under Article 14.”
“There have been jokes made on the disabled for comic relief. This understanding is obsolete under the new social model,” the legal news website Bar & Bench quoted Chandrachud as saying. “This lack of familiarity arises due to inadequate representation of disabled in dominant discourse.”
We must distinguish between ‘disability humour’ which helps in understanding the disabled and ‘disablement humour’ which denigrates it.CJI DY Chandrachud
The bench highlighted that authentic representation goes beyond casting decisions. It involves consulting with individuals with disabilities and experts in the field to ensure that characters are portrayed with nuance and depth. This approach aims to foster a deeper understanding and empathy among audiences, thereby promoting inclusivity.
Filmmakers have been urged to move away from the disrespectful tropes and caricatures of people with special needs. The court’s decision aligns with global movements advocating for better representation of marginalised communities in media.
Here are the seven points the bench expects filmmakers to adhere to, while representing people with disabilities in the visual media, according to a tweet by Bar & Bench:
Words which lead to institutional discrimination like words crippled, etc leads to negative self image
Language which overlooks the social barriers
Creators must check for adequate medical info about an impairment like night blindness which may increase discrimination
It should not be based on myths... stereotypes show that impaired persons have enhanced sensory superpowers and that may not be for all
Decision must be aware of uniform participation.. nothing without us principle shall be followed
Convention of rights to protect rights of PWD includes measures to portray them after consultation with their rights advocacy groups
We have referred to training and sensitisation programmes
Industry insiders and disability rights activists have welcomed the Supreme Court's verdict. They see it as a crucial step towards changing the narrative around disability in India.
The decision is expected to inspire filmmakers to approach the subject with greater sensitivity and responsibility, ensuring that the stories told on screen reflect the diverse realities of disabled individuals.
The ruling also aligns with the broader goals of the Rights of Persons with Disabilities Act, 2016, which seeks to protect and promote the rights and dignity of persons with disabilities in all spheres of life.