The Delhi High Court has recently called upon the Union Ministry of Information and Broadcasting (MIB), the Central Board of Film Certification (CBFC), and film producers to deliberate on incorporating accessibility features in films released both in cinemas and on over-the-top (OTT) platforms. This directive is aimed at enhancing media accessibility for audiences with disabilities, as highlighted in the case of Rahul Bajaj vs. Mythri Movie Makers And Ors.
Justice Swarana Kanta Sharma issued these directions on August 10 while presiding over a petition filed by Rahul Bajaj, a disability rights advocate and legal professional. The court emphasized the necessity for all involved parties to engage in discussions to find a mutually agreeable solution that addresses the concerns raised by Bajaj regarding film accessibility.
Joint Deliberation for Inclusive Cinema
The court has instructed the relevant parties to convene a joint meeting within one week to discuss the broader implications of the petition. The stakeholders are expected to arrive at a feasible solution within two weeks, focusing on the integration of accessibility features in cinematic releases.
Rahul Bajaj, who initiated the petition in anticipation of the release of Pushpa 2, advocates for the inclusion of essential accessibility features such as audio descriptions, same language subtitling, captioning, and provisions for Indian sign language. These features are crucial for ensuring that differently-abled audiences can fully enjoy cinematic experiences.
Legal Framework and Compliance
Bajaj’s petition also calls upon the MIB and CBFC to enforce measures that mandate the incorporation of these features, along with assistive devices and technologies, in theater screenings. He argued that the lack of accessibility features in films is a violation of the Rights of Persons with Disabilities Act, 2016, which obligates the government to ensure accessible media via audio description, closed captioning, and sign language.
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During the proceedings on August 10, Bajaj clarified that his concerns extended beyond Pushpa 2 and pertained to the overall accessibility of films for disabled individuals. He noted that even when accessibility features are employed, they are often limited to a few theaters and reliant on applications that are themselves not accessible.
Guidelines and Future Steps
The petition further highlighted that the failure to release Pushpa 2 with the necessary accessibility features contravenes the guidelines issued by the MIB in March, which mandate that all multilingual films must include at least one accessibility feature. Bajaj’s plea stressed that these guidelines are legally binding and essential for ensuring equal access to cinema for persons with disabilities.
The High Court has scheduled the next hearing for September 11, where it will review the outcomes of the stakeholders’ discussions. Rahul Bajaj represented himself in court, while the central government was represented by standing counsel Mukul Singh and advocate Aryan Dhaka.
