On July 8, 2024, the Supreme Court issued a landmark ruling while hearing a plea to ban the film "Aaankh Micholi" for its offensive portrayal of people with disabilities (PwDs).
Framework to Prevent Stereotyping and Discrimination:
The framework aims to prevent negative portrayals that contribute to discrimination against PwDs.
Avoid using derogatory terms like "cripple" and "spastic" that reinforce negative self-image.
Strive for accurate representation of disabilities, avoiding mockery.
Focus on the social barriers that PwDs face, not just their impairments.
Avoid terms like "afflicted," "suffering," and "victim."
Involve PwDs in the creation and assessment of visual media content.
Legal Context:
The Rights of Persons with Disabilities (RPwD) Act (2017) is the primary law governing disability rights.
Other relevant laws include the National Trust Act (1999), Rehabilitation Council of India Act (1992), and Mental Health Care Act (2017).
The ruling emphasizes the human rights model of disability, which views PwDs as rights-holding members of society.
Challenges:
Implementation of existing disability rights laws remains a concern.
Terms like "Divyang" used by the government might reinforce a charity-based view of disability.
Continued use of derogatory terms in political discourse highlights the ongoing struggle for acceptance.
Balancing Creative Freedom:
Freedom of expression in cinema is not absolute when depicting marginalized communities.
The Supreme Court considers the "intention" and "overall message" of a film in evaluating its portrayal of PwDs.
Way Forward:
Collaboration with disability advocacy groups is crucial for creating respectful and accurate representations.
Training programs for filmmakers on the impact of portrayals on public perception and lived experiences of PwDs are recommended.
Overall, the Supreme Court's ruling is a significant step towards ensuring respectful and inclusive portrayal of PwDs in visual media.
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