Delhi High Court Directs Centre to Announce Guidelines Ensuring Accessibility of films for Visually Impaired

The Delhi High Court has instructed the Centre to announce guidelines by July 15 for ensuring accessibility of films to individuals who are visually impaired.

Justice Prathiba M Singh emphasized that accessibility constitutes a legal entitlement, requiring all parties, including private entities, to implement “reasonable accommodation measures” to enhance accessibility for those with hearing and visual impairments.

The court noted that the Ministry of Information and Broadcasting (MIB) has drafted the “Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment” and is in the process of finalizing them.

“The MIB must now finalize and notify the guidelines by July 15, 2024. These guidelines are expected to mandate accessibility features and provide a reasonable timeframe for compliance by all stakeholders,” the court ordered recently.

The court highlighted that while individuals with hearing or visual impairments might have physical access to film theaters, their enjoyment could be hindered without measures to enhance accessibility by various stakeholders, including producers, theater managers, and OTT platforms.

Failure to provide accessibility features would constitute an offense under the Rights of Persons with Disabilities Act, and the State is obligated to ensure all feasible steps are taken to facilitate access, the court affirmed.

The central government assured its commitment to promptly notifying the guidelines and sought time until August 1 to consider responses from stakeholders in detail.

The guidelines are intended to apply to feature films certified by the Central Board of Film Certification for public exhibition in cinemas for commercial purposes.

Furthermore, the court mandated the MIB to designate an Under Secretary as the official recipient of representations regarding the inclusion of accessibility features in films. Any received representations must be addressed within three working days, and efforts should be made to include such features in feature films, including those on OTT platforms, even before the guidelines are officially notified.

“Accessibility is paramount and legally enforceable. Private entities are also required to ensure ‘reasonable accommodation’ for the hearing and visually impaired,” the court reiterated.

The court’s decision stems from a petition by four individuals with visual and hearing impairments seeking directives to make the film “Pathaan,” featuring Shah Rukh Khan, accessible to them. Represented by lawyer Rahul Bajaj, the petitioners argued that under the Rights of Persons with Disabilities Act, the government is obligated to ensure access to content for those with disabilities. Three of the petitioners are visually impaired, while the fourth is hearing impaired.

Previously, the court had instructed the Centre to make the draft guidelines public and initiate the approval process after receiving feedback from stakeholders to enhance the film-watching experience for individuals with disabilities.