Notify guidelines to make films accessible to people with visual and hearing impairment by July 15: Delhi HC to Centre

28.03.2024
The Delhi High Court has directed the Ministry of Information and Broadcasting to finalise and notify on or before July 15 guidelines to make films accessible to persons with disabilities, such as those with visual and hearing impairment.

A single-judge bench of Justice Prathiba Singh said in a March 15 judgment, “It is made clear that the said guidelines shall make the provision of accessibility features mandatory and provide a reasonable period for compliance by all stakeholders, in an expeditious manner.”

As per an affidavit filed by the Union ministry on March 14, the guidelines titled “Draft Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment” are in the process of finalisation. The guidelines would be applicable for feature films certified by the Central Board of Film Certification for public exhibition in cinema halls/movie theatres for commercial purposes and its focus is not only on the content but also on the information and assistive devices needed by persons with disabilities to enjoy films in cinema theatres.

The high court’s directions came on a plea filed last year by a law student, two lawyers and a disability rights activist who sought the enforcement of various rights and accessibility requirements as prescribed under the Rights of Persons with Disabilities Act 2016. The plea had sought audio description, subtitles and captioning in Hindi for the OTT release of Pathaan allowing persons with hearing and visual disabilities to access the film.

Justice Singh said that in the meantime, if any representations are received by the Ministry of Information and Broadcasting for inclusion of accessibility features in films, “one Under Secretary from the MIB shall be nominated as the designated officer for receipt of such representations” and the officer’s contact details shall be published on the website by April 10 by the ministry.

The court directed that the representations received be responded to within three working days and that an attempt be made to ensure that even in the interregnum, while the guidelines are to be notified, “such features are included in features films, including on OTT platforms”.

“The Guidelines upon being notified, any remedies which the Petitioner or any other stakeholders would have, are left open, as this Court has not examined the validity or legality of the said guidelines which are yet to be notified and are only in draft form,” the court said.

Justice Singh referred to judgments of the Supreme Court and said they showed that accessibility is “crucial and is enforceable as a legal right”.

“Even private parties have to ensure that ‘reasonable accommodation’ measures are taken in order to enable greater accessibility for the hearing and visually impaired persons. A hearing or visually impaired person may get easy physical access to a film theatre but may not be able to enjoy the film at all if measures to make it enjoyable are not taken by the other stakeholders, including producers, theatre managers, OTT platforms, etc. The State has a positive obligation to ensure that all steps that are reasonably possible are taken in this direction,” Justice Singh said.

While disposing of the petition, the court said that if the notification is not issued by July 15, the petitioners are free to seek revival of the petition.