The Delhi High Court has mandated that the Union Ministry of Information and Broadcasting (MIB) must complete and officially announce guidelines aimed at enhancing accessibility for visually and hearing impaired individuals within the cinema industry by July 15th.

Justice Prathiba M Singh emphasized that the guidelines must enforce the inclusion of accessibility features in feature films and allow a reasonable timeframe for all involved parties to comply promptly.

According to an affidavit presented by the Ministry of Information and Broadcasting (MIB) on March 14th, the Ministry is currently in the stages of finalizing 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."

The guidelines establish Accessibility Standards for the public exhibition of feature films catering to individuals with hearing and visual impairment. They will be applicable to feature films screened for public viewing in cinema halls or movie theaters for commercial purposes.

Justice Singh instructed that until the guidelines are officially notified, if the Ministry of Information and Broadcasting (MIB) receives any requests for the inclusion of accessibility features in films, one Under Secretary from the Ministry will be designated as the officer responsible for receiving such representations.

The court resolved a plea filed the previous year requesting the inclusion of captions in the Shah Rukh Khan starrer "Jawan" to make it accessible for visually and hearing impaired individuals. It urged for the incorporation of audio descriptions, closed captioning, and subtitles in the film, aligning with the rights of persons with disabilities.

In concluding the plea, Justice Singh emphasized that accessibility is a legally enforceable right, and even private entities are obligated to implement "reasonable accommodation" measures to enhance accessibility for individuals with hearing and visual impairments.

Furthermore, it was highlighted that the failure to provide accessibility features would be considered an offense under the Rights of Persons with Disabilities Act. The plea was initiated by several Persons with Disabilities (PwDs), including a law student, lawyers, and the Executive Director of the National Association for the Deaf. Their aim was to ensure the enforcement of various rights and accessibility provisions outlined in the Rights of Persons with Disabilities Act of 2016.

The petitioners argued that despite the recognition of various rights for persons with disabilities and the enactment of the 2016 Act, films released in India fail to address the needs of the disabled community. In the previous year, the court instructed the Union Government to conduct a stakeholder consultation aimed at making films more accessible to individuals with disabilities and to guarantee the enforcement of the Rights of Persons with Disabilities Act, 2016.

Counsel for Petitioners:

Mr. Rahul Bajaj, Advocate
Ms. Mahoor Ghani, Advocate

Counsel for Respondents:

Mr. Abhishek Malhotra, Advocate and Ms. Srishti Gupta, Advocate for R-1
Mr. Ravi Prakash, CGSC with Ms. Astu Khandelwal, Mr. Farman Ali, Mr. Taha Yasin, Mr. Yasharth, and Ms. Usha Jamnal, Advocates for R-2 and R-3
Mr. Devvrat Joshi and Mr. Angad S Makkar, Advocates for R-4
Mr. Nitin Sharma, Mr. Kuber Mahajan, and Ms. Deepika Pokharia, Advocates for R-5
Mr. Pranav Sarthi and Ms. Ayushi Chaurasia, Advocates for R-6

Case Title: AKSHAT BALDWA & ORS. v. YASH RAJ FILMS & ORS.