15th July 2024 (9 Topics)
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Pictured with Dignity
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Context
The Supreme Court recently delivered a significant ruling on the portrayal of Persons with Disabilities (PwDs) in visual media, prompted by a case involving the movie 'Aankh Micholi'. Disability activists and scholars criticized the film for perpetuating stereotypes about disabilities.
Emphasis on Human Rights Model of Disability:
- Beyond Medical and Social Models: The Supreme Court emphasized the human rights model of disability, asserting that PwDs are rights holders under international human rights law.
- Inclusion and Participation: It highlighted that disability is part of human diversity, necessitating PwDs' inclusion and participation in all facets of society.
- Legal Obligations: The ruling underscores the positive obligation of governments and private entities to ensure full participation and inclusion of PwDs, aligning with the Rights of Persons with Disabilities Act, 2016.
Addressing Attitudinal Barriers:
- Recognition of Attitudinal Barriers: While not explicitly using the term, the Court discussed attitudinal barriers as societal constructs hindering PwDs' integration.
- Impact of Stereotypes: It acknowledged that stereotypes in media perpetuate discrimination and exclusion of PwDs, violating their dignity and constitutional rights.
- Constitutional Perspective: The judgment linked the perpetuation of stereotypes to constitutional violations akin to indirect discrimination, referencing similar cases involving gender stereotypes.
Legal Analysis of Cinematic Speech:
- Differentiation from Hate Speech: The Court distinguished cinematic speech from hate speech and group defamation laws, emphasizing context and impact on human dignity.
- Freedom of Expression vs Restrictions: It clarified that while creative freedom is protected under Article 19(1)(a), derogatory and stereotypical portrayals that reinforce prejudices are not.
- Guidelines for Filmmakers: The ruling provided a framework for filmmakers to ensure sensitive and respectful portrayal of PwDs, emphasizing the intention and overall message of cinematic expression.
Mains Question:
Q. Discuss the significance of the Supreme Court's recent framework for the representation of Persons with Disabilities in visual media, highlighting its implications on constitutional rights and societal attitudes towards disability inclusion.
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