We must distinguish between ‘disability humor’ which helps in understanding the disabled and ‘disablement humor’ which denigrates it.

- CJI DY Chandrachud

In a landmark verdict, the Supreme Court of India has issued a set of guidelines for the portrayal of people with disabilities in films and other visual media. This decision comes in response to a petition challenging the insensitive representation of disabled characters in a Sony Pictures film titled "Aankh Micholi."

The court, led by Chief Justice of India (CJI) DY Chandrachud, emphasized the importance of authentic and respectful representation. CJI Chandrachud highlighted the negative impact of stereotypes, stating "Stereotyping is an antithesis of dignity and anti-discrimination code, as under Article 14." The court emphasized that films significantly shape public perception, and inaccurate portrayals can perpetuate harmful misconceptions.

The guidelines go beyond just casting actors with disabilities. The court stressed the importance of consulting with disability experts and individuals with disabilities to ensure characters are portrayed with depth and nuance. This collaborative approach fosters greater understanding and empathy among audiences, ultimately promoting inclusivity.

The seven-point guidelines outlined by the court include:

1. Avoiding derogatory language that reinforces negative stereotypes.

2. Acknowledging social barriers faced by disabled individuals.

3. Ensuring medical accuracy in the portrayal of impairments.

4. Avoiding perpetuating myths, such as enhanced sensory abilities for all disabled people.

5. Following the "nothing without us" principle, ensuring the participation of disabled individuals in the creative process.

6. Consulting with disability rights groups when portraying disabled characters.

7. Implementing training and sensitization programs for filmmakers.

Expressing content over this landmark judgment, petitioner Shri Nipun Malhotra said,

"I am delighted, this judgment would be a game changer for persons with disability. For the first time, the SC has laid down a framework and guidelines on the portrayal of persons with disability, and I am sure it will help them. I was disturbed by looking at trailer of 'Aankh Micholi' and watching the movie. I felt that something needed to be done. I am grateful for this order by the SC."

This decision has been hailed by both film industry insiders and disability rights activists. It is seen as a crucial step towards changing the narrative around disability in India. The guidelines are expected to inspire filmmakers to approach the subject with greater sensitivity and create stories that reflect the diverse realities of disabled lives. This ruling aligns with the goals of the Rights of Persons with Disabilities Act, 2016, which seeks to ensure equal opportunity and dignity for all.

(Note: India accounts for around 20% of the global blind population. Project Eyeway is an initiative by Score Foundation that acts as a one-stop knowledge resource for those people who are living their lives with blindness. Eyeway operates a national toll-free Helpdesk — 1800 53 20469.)