Measures for ‘Reasonable accommodation’ necessary to ensure greater accessibility for the hearing and visually impaired persons: Delhi High Court
Case title: Akshat Baldwa & Ors Vs Yash Raj Films & Ors
Case no.: W.P. (C) 445/2023 and CM APPL. 1752/2023, 67351/2023
Decision on: March 15th, 2024
Quoram: Justice Prathiba M. Singh
Facts of the case
The issue in the present case underscores the broader question of disability rights, particularly the right of individuals with disabilities to enjoy public and private spaces without discrimination.
The four Petitioners who were visually and hearing impaired field a writ petition against the Yash Raj Films producer of movie ‘Pathaan’, two Ministries and Amazon prime video. The Petitioners, who were the consumers of audio-visual entertainment, had filed the present petition, highlighting the challenges faced by persons with disabilities in accessing audio-visual content both in traditional theaters and online streaming platforms. Their grievance was that the existing physical and virtual spaces predominantly catered to able-bodied individuals, thereby excluding persons with disabilities from enjoying equal access.
The petitioners seeking for the enforcement of various rights and accessibility requirements as prescribed under the Rights of Persons with Disabilities Act, 2016(RPWD) sought to direct the films released in India to cater to the needs of the disabled, both in physical and digital spaces, in accordance with national and international legal frameworks and standards.
Submissions on behalf of the Petitioners
The Petitioner No. 2 appearing in-person submitted that apart from the subtitles having been approved by the Central Board of Film Certification (hereinafter, ‘CBFC’), the audio description and closed captions were not made available. Further, there provided English subtitles instead of being in the language of the film, i.e., Hindi which made it almost impossible for hearing and visually impaired persons to enjoy the said film. He also sought to direct the Ministry of Information and Broadcasting and the Department of Empowerment of Persons with Disabilities in the Ministry of Social Justice & Empowerment to notify required standards in this regard.
Submissions on behalf of the Respondents
The Counsel submitted that the film ‘Pathaan’ had already been approved by the Central Board of Film Certification (CBFC) and accordingly the producers provided the English subtitles. The Counsel pointing out to the arrangement between the Producers and OTT platform, Amazon Prime Video submitted that they are willing to take any reasonable steps which may be required to ensure that its films are enjoyed by hearing and visually impaired persons as well. Further, the Counsel for Respondent Nos.2 and 3 – Ministries, pointed out that the MIB had issued certain directions to the Film Producers Association and to the CBFC, way back in October, 2019, to use audio description and subtitles/closed captions in all films.
Court’s Analysis and Judgement
The Bench considering Section 42 of the RPWD Act 2016 which obliged the Government to take measures regarding the accessibility to persons with disabilities directed the producer Yash Raj Films to prepare audio description, close captioning and subtitles of the movie within two weeks and submit it to Central Board of Film Certification (CBFC) for a decision on re-certification. Consequently, the producers of ‘Pathaan’ movie complied with all the directions of the Court. But however, the Court also had to adjudicate on the broader question of disability rights regarding the audio-visual entertainment.
The MIB, following the directions of the Court filed an affidavit on the guidelines titled “Draft Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theaters for Persons with Hearing and Visual Impairment.” The guidelines laid down Accessibility Standards for public exhibition of feature films for persons with hearing and visual impairment in cinema halls or movie theaters for commercial purposes.
Amidst these proceedings, an application seeking inclusion of accessibility features for the films “Jawan” and “Hi Papa” was also preferred before this bench, for which it directed the MIB was to identify and designate a specific officer to deal with these issues.
The Court considering the submissions made by the parties on the implementation of the said guidelines and on appointing a designated officer for the same, quoted various precedence on the subject. The authorities referred by this Court mandated to provide reasonable accommodation to persons with disabilities. It asserted that the accessibility is crucial and enforceable as a legal right.
The Bench stated that the private parties have to ensure that ‘reasonable accommodation’ measures are taken in order to enable greater accessibility for the hearing and visually impaired persons. Further, with regard to physical accessibility to film theaters, it stated that the State has a positive obligation to take that all possibly steps in this direction. Therefore, ruled that non-provision of accessibility features would constitute an offence under the RPWD Act and issued direction on the notification of the guidelines.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Judgement Reviewed by – Keerthi K