The Delhi High Court on Monday rejected a Public Interest Litigation (PIL) against a movie titled ‘Aankh Micholi,’ alleging that the said movie portrayed characters with various disabilities in an extremely derogatory and insensitive manner.
The plea argued that the movie is disparaging and infringes upon the rights of several classes of Persons with Disabilities (PwDs), including those with speech disability, visual disability, and hearing impairment, among others.
“It is a disturbing and deeply troubling portrayal of PwDs, which goes against not only established societal norms but also legal provisions safeguarding the rights and dignity of PwDs. The movie includes scenes and characterizations that are not only offensive but also reinforce harmful stereotypes,” the plea stated.
A bench comprising Justice Manmohan and Justice Manmeet Pritam Singh Arora, while dismissing the plea, emphasized that the Central Board of Film Certification (CBFC) is the expert body and has already given its approval.
“We don’t interfere unless it is malafide. There are a large number of judgments in this regard,” the bench said.
The petition, filed by Nipun Malhotra through lawyer Jai Anant Dehadrai, highlighted that in the movie, a character with night blindness is misrepresented in a derogatory manner. This misrepresentation could lead to a negative public understanding of this disability, reinforcing harmful stereotypes.
The plea also sought a direction to include an expert on the subject matter of The Rights of Persons with Disabilities (RPwD) Act within the constitution by the CBFC under Section 3 of the Cinematography Act, 1952.
Additionally, it requested to make it mandatory for the advisory panel constituted under Section 5 of the Cinematography Act, 1952, to include experts on the subject matter of PwDs.
“Direct Sony Pictures Films India Pvt Ltd, the producer of the movie, to create an awareness film showcasing the hardships faced by PwDs as per Section 7(d) of the RPWD Act. Also, direct the producer of the movie to ensure that an equal opportunity policy should be formulated as per the RPWD act and encourage employment for persons with disabilities,” stated the plea.
“Formulating guidelines restricting any such content in Movies/Television Shows/Commercials, which is in contravention of the provisions of the Constitution and RPWD Act, and also directing the producer of the movie to pay punitive damages to any charity or organization supporting PwDs and further tender unconditional apology,” the plea read.
