15th July 2024 (9 Topics)

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Right of Persons with Disabilities

Context

The Supreme Court recently delivered a significant ruling on the portrayal of persons with disabilities in visual media, emphasizing that filmmakers' creative freedom does not extend to mocking, stereotyping, or misrepresenting marginalized groups. This decision stemmed from a plea concerning the film "Aankh Micholi," which allegedly misrepresented disabilities and violated the rights protected under the Constitution and disability laws.

Key-highlights of the Supreme Court’s Ruling

The court outlined a framework that aligns with anti-discrimination principles and the Rights for Persons with Disabilities Act, 2016. It stated that if a film's overall message infringes on the rights of persons with disabilities, it cannot be protected as free speech. Even if stereotypes or disparaging portrayals are deemed necessary for a film's message, they must be balanced against the fundamental rights of those portrayed.
Societal discrimination: The court criticized the use of derogatory terms like "cripple" and "spastic," noting that such language perpetuates societal discrimination. It emphasized the importance of accurate representation of medical conditions to avoid reinforcing stereotypes and misinformation.

Significance of the Ruling

This ruling underscores the judiciary's role in ensuring that media representation respects the dignity of persons with disabilities and does not contribute to their marginalization. It reflects a broader societal shift towards promoting inclusive and respectful portrayals in media, aligning with constitutional values and legal protections against discrimination.
In essence, the case highlights the intersection of artistic freedom and social responsibility, emphasizing the need for media to portray disability in a manner that promotes understanding and inclusivity rather than reinforcing harmful stereotypes.

Fact Box:

Programmes and Initiatives for Persons with Disabilities (PwD) in India:

Unique Disability ID (UDID): Initiated by the Department of Empowerment of Persons with Disabilities, UDID aims to issue Universal IDs and Disability Certificates containing identification and disability details.
Accessible India Campaign: It is a nationwide initiative to create an accessible environment for PwDs. Focus areas include enhancing accessibility in built environments, transportation systems, and information & communication technology.
National Fellowship for Students with Disabilities (RGMF): It is designed to increase opportunities for PwD students pursuing higher education.
Deen Dayal Disabled Rehabilitation Scheme: It provides financial assistance to NGOs for various services like special schools, vocational training, community-based rehabilitation, and early intervention for PwDs.

Legal Framework:

Rights of Persons with Disabilities (RPwD) Act, 2016: The Act replaced the Persons with Disability Act, 1995. It aims to promote inclusion and expand opportunities for persons with disabilities in India.
It is in line with the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
It defines 21 types of disabilities including: Blindness, Low-vision, Leprosy Cured persons, Hearing Impairment (deaf and hard of hearing), Locomotor 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, Hemophilia, Sickle Cell disease, Multiple Disabilities including deafblindness, Acid Attack victim, Parkinson's disease.

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Right of Persons with Disabilities

Key-highlights of the Supreme Court’s Ruling

Significance of the Ruling

Fact Box:

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