Supreme Court Guidelines on Preventing Stereotyping and Discrimination of PwDs in Visual Media | UPSC

Introduction

• The Supreme Court issued comprehensive guidelines to prevent stereotyping and discrimination against persons with disabilities (PwDs) in visual media, including films and documentaries.
• These guidelines were established in response to a plea to ban the film Aaankh Micholi for its derogatory portrayal of people with disabilities.
• The landmark ruling aims to ensure respectful and accurate representation of PwDs in visual media.
• The guidelines seek to address and eliminate harmful stereotypes and discriminatory content.
• This ruling sets a precedent for future cases involving the portrayal of disabilities in media.

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Supreme Court Guidelines to Prevent Stereotyping and Discrimination of Persons with Disabilities

Avoiding Derogatory Language

• • • The court emphasizes avoiding terms like ‘cripple’ and ‘spastic’ that foster institutional discrimination and negative self-image. For instance, referring to someone as a “person with a disability” rather than “handicapped” promotes dignity.
    • Terms like ‘afflicted’, ‘suffering’, and ‘victim’ that individualize impairment and ignore societal barriers should be avoided. For example, instead of saying “suffering from autism,” it is preferable to say “person with autism.”

Accurate Representation

• • • The court mandates ending the stereotyping of differently-abled individuals in visual media and films. For instance, films like “Taare Zameen Par” that portray disabilities sensitively can serve as positive examples.
    • Creators should adhere to “nothing about us, without us,” involving persons with disabilities in media content creation. For example, consulting with disabled actors and advocacy groups during the production of movies and TV shows.

Balancing Creative Freedom and Respectful Portrayal

• • • Creative freedom does not extend to lampooning, stereotyping, or disparaging marginalized communities. If a movie portrays a disabled character in a demeaning manner, like “Tropic Thunder” did, it would be subject to criticism and potential legal action.
    • If content infringes on the rights of Persons with Disabilities (PwDs), creative freedom will not be protected.

Collaboration with Disability Advocacy Groups

• • • The court stresses collaboration with disability advocacy groups for guidance on respectful portrayals. For example, working with organizations like the National Centre for Promotion of Employment for Disabled People (NCPEDP) can provide valuable insights.
    • Training programs for media professionals should emphasize the impact of portrayals on public perceptions of PwDs.

Classification and Status of Persons with Disabilities in India

Definition:

• • • As per the UN CRPD and the Rights of Persons with Disabilities Act, 2016, persons with disabilities have long-term physical, mental, intellectual, or sensory impairments that hinder full participation in society.

Expanded Definition:

• • • The Rights of Persons with Disabilities Act, 2016, increased the types of disabilities from 7 to 21 and empowered the Union Government to add more. For example, conditions like acid attack victims and dwarfism were included under the new categories.

Data on Disability in India (2011 Census):

• • • 26.8 million persons with disabilities, constituting 2.21% of the population.
    • Disabilities are highest in the age group 10-19 years. For example, many children with disabilities lack access to inclusive education systems.
    • 69% of persons with disabilities reside in rural areas, indicating the need for rural-centric disability welfare programs.

Disability Distribution:

• • • 20% have movement disabilities, 19% have visual impairments, 19% have hearing impairments, and 8% have multiple disabilities.

Provisions for Persons with Disabilities in India

Constitutional Provisions:

Preamble:

• • • Ensures social, economic, and political justice to all citizens, including PwDs.

Fundamental Rights:

• • • Guarantees dignity and equal rights. For instance, Article 21 ensures the right to life and personal liberty.

Directive Principles:

• • • Articles 41 and 46 promote provisions for work, education, public assistance, and protection against exploitation.

Schedules:

• • • Relief of the disabled is a state subject under the Seventh Schedule.

Legal Provisions:

Mental Health Act, 2017:

• • • Provides for mental healthcare services and protection of rights. An example includes setting up mental health facilities with adequate resources.

Rights of Persons with Disabilities (RPwD) Act, 2016:

• • • Increases reservation in jobs and education, ensures accessibility in public buildings. For example, ramps and elevators in public buildings are mandatory.

Rehabilitation Council of India Act, 1992:

• • • Regulates services, standardizes syllabi, and maintains a register of qualified professionals.

National Trust Act, 1999:

• • • Aims for the welfare of persons with autism, cerebral palsy, mental retardation, and multiple disabilities. For example, initiatives like “Samarth” provide respite care homes for disabled individuals.

Welfare Programs for Persons with Disabilities by the Central Government

Accessible India Campaign (Sugamya Bharat Abhiyan):

• • • Targets accessibility in built environments, transportation, and ICT to create a barrier-free environment for persons with disabilities.

Deendayal Disabled Rehabilitation Scheme (DDRS):

• • • Provides financial assistance to NGOs for running projects aimed at the rehabilitation of persons with disabilities, including vocational training, special schools, and outreach programs.

Assistance to Disabled Persons for Purchase of Aids and Appliances (ADIP):

• • • Helps persons with disabilities procure durable and scientifically manufactured aids and appliances to promote physical, social, and psychological rehabilitation.

Indian Sign Language Research and Training Centre (ISLRTC):

• • • Promotes the use of Indian Sign Language and develops resources and training programs for sign language interpreters and teachers.

National Institute of Mental Health Rehabilitation (NIMHR):

• • • Focuses on capacity building, research, and community-based rehabilitation for persons with mental health conditions.

National Handicapped Finance and Development Corporation (NHFDC):

• • • Provides financial assistance to persons with disabilities for self-employment, education, and skill development. The corporation offers loans and grants to support the economic empowerment of PwDs.

Unique Disability ID (UDID) Project:

• • • Aims to create a national database of persons with disabilities and issue a Unique Disability Identity Card to streamline the benefits and entitlements of various government schemes.

Pradhan Mantri Kaushal Vikas Yojana (PMKVY):

• • • Includes specific skill training programs for persons with disabilities to enhance their employability and provide them with industry-relevant skills.

Sugamya Pustakalaya:

• • • An online library initiative that provides accessible content to persons with visual impairments and other print disabilities. The library includes books in various formats like audio, braille, and e-text.

National Trust Schemes:

• • • The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities runs several schemes, including:
      • Niramaya: Health insurance scheme for persons with disabilities.
      • Gharaunda: Provides group housing for adults with disabilities.
      • Vikas: Daycare centers for children with disabilities.
      • Samarth: Respite care homes for persons with disabilities.

Inclusive Education for Disabled at Secondary Stage (IEDSS):

• • • A scheme under the Ministry of Education that provides financial support to schools to ensure inclusive education for students with disabilities at the secondary level.

Scholarships for Students with Disabilities:

• • • Various scholarship schemes, such as the Pre-Matric and Post-Matric Scholarship for Students with Disabilities, provide financial assistance to students with disabilities to pursue their education.

National Fellowship for Persons with Disabilities:

• • • Provides fellowships to students with disabilities to pursue MPhil and PhD programs in Indian universities.

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Challenges Faced by Persons with Disabilities

Social Challenges:

Discrimination and Loss of Social Status:

• • • Persons with disabilities often face significant barriers in accessing public spaces and participating fully in society. 
    • For instance, in the case of Javed Abidi vs. Union of India (1999), Javed Abidi, a renowned disability rights activist, fought for the enforcement of accessibility provisions in public spaces and transportation systems.

Inhumane Treatment and Loss of Identity:

• • • Instances of inhumane treatment, such as the case of Amita vs. Union of India (2005), highlight the social exclusion and stigma faced by individuals with mental disabilities. Amita, a woman with schizophrenia, faced severe neglect and inadequate care, leading to her case being brought before the Supreme Court to demand better treatment and protection of rights.

Barriers to Education:

• • • Lack of Special Schools and Trained Teachers: The case of National Federation of the Blind vs. Union Public Service Commission (1993) is a landmark example where the Supreme Court ruled in favor of visually impaired candidates, mandating the provision of braille and other necessary materials for competitive exams, highlighting the need for inclusive educational resources.
    • Educational Materials for Visually Impaired Individuals: The Ravindra Kumar Dhariwal vs. State of Maharashtra (2016) case underscored the lack of educational materials for blind students. The court directed the state to provide textbooks in braille and other assistive technologies to ensure equal educational opportunities.

Healthcare Challenges:

• • • Inadequate Healthcare Facilities: In the Sheela Barse vs. Union of India (1987) case, the Supreme Court addressed the poor conditions in mental health institutions and directed the government to improve facilities and ensure proper care and treatment for mentally ill patients, highlighting the marginalization in healthcare services.
    • Lack of Necessary Equipment or Trained Personnel: The Jija Ghosh vs. Union of India (2016) case brought attention to the discrimination faced by persons with disabilities in accessing healthcare services. Jija Ghosh, a disability rights activist with cerebral palsy, was deboarded from a flight due to her disability. The Supreme Court ruled in her favor, emphasizing the need for trained personnel and appropriate facilities.

Unemployment:

• • • Lower Employment Rates Due to Stereotypes and Stigma: In the Vikash Kumar vs. Union Public Service Commission (2021) case, the Supreme Court highlighted the discrimination faced by persons with disabilities in employment. Vikash Kumar, a visually impaired candidate, was initially denied a scribe for the civil services examination, but the court ruled in his favor, setting a precedent for reasonable accommodations in employment.
    • Despite Qualifications, Overlooked for Jobs: The T. Chacko vs. State of Kerala (2019) case demonstrated the challenges faced by qualified persons with disabilities in securing employment. T. Chacko, a qualified teacher with a disability, was denied a teaching position due to his condition. The court’s ruling in his favor emphasized the importance of equal employment opportunities.

Accessibility Issues:

• • • Inaccessible Physical Infrastructure and Transportation: The Rajive Raturi vs. Union of India (2018) case is a significant example where the Supreme Court directed the government to ensure accessibility in public buildings and transportation systems. Rajive Raturi, a visually impaired advocate, highlighted the lack of accessibility in public infrastructure, leading to the court’s directive for comprehensive accessibility measures.
    • Absence of Wheelchair Ramps in Public Transport: In the Dr. Satendra Singh vs. Ministry of Railways (2018) case, Dr. Satendra Singh, a doctor with polio, filed a petition highlighting the lack of wheelchair accessibility in Indian Railways. The court ordered the railways to implement measures for better accessibility, including the installation of ramps and other facilities.

Way Forward

Accommodation and Inclusion:

• • • Education: Implementing inclusive education systems in schools is crucial. For example, the Sarva Shiksha Abhiyan (SSA) aims to provide inclusive education for all children, including those with disabilities, by ensuring schools are equipped with necessary facilities and trained teachers.
    • Job Opportunities:  The National Career Service (NCS) portal facilitates employment opportunities for persons with disabilities by providing job listings, career counseling, and skill development programs.
    • Political Participation:  The Election Commission of India has introduced measures to ensure accessible voting for persons with disabilities, such as braille ballot papers and wheelchair access at polling stations.

Social Sensitization:

• • • Education and Awareness Campaigns: Overcoming stigma through education and sensitization about the challenges faced by PwDs is essential. For instance, the “Swavlamban” campaign by the Ministry of Social Justice and Empowerment aims to promote inclusivity and raise awareness about the rights and abilities of persons with disabilities.
    • Training Programs:  Initiatives like the Deendayal Disabled Rehabilitation Scheme (DDRS) provide funding for NGOs to conduct awareness programs and training for social workers and the community to better understand and support persons with disabilities.

Preventive Measures:

• • • Newborn Screening Programs:  Scaling up newborn screening programs for early detection and prevention of disabilities is vital. The Rashtriya Bal Swasthya Karyakram (RBSK) focuses on the early identification and intervention of developmental delays and disabilities in children from birth to 18 years.
    • Health Interventions: The National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke (NPCDCS) includes components aimed at preventing disabilities through early detection and treatment of non-communicable diseases.

Policy Interventions:

• • • Budget Allocation: Allocating more budget for the welfare of disabled people, similar to gender budgeting, is crucial. For example, the Accessible India Campaign (Sugamya Bharat Abhiyan) aims to make public spaces accessible by increasing funding for projects that improve physical infrastructure and transportation systems.
    • Rural Focus: Increasing funding for accessibility projects in rural areas is essential. The Deendayal Antyodaya Yojana – National Rural Livelihoods Mission (DAY-NRLM) includes provisions to support the livelihoods of persons with disabilities in rural areas by providing skill development and financial assistance.
    • Legislation and Policy Development: Strengthening policies and legislation, such as the Rights of Persons with Disabilities (RPwD) Act, 2016, ensures comprehensive support for persons with disabilities. This act mandates increased reservations in education and employment and provides guidelines for accessibility in public and private spaces.