On Monday, the Supreme Court sought a response from the Central Government to provide its response regarding a petition emphasizing that the movie Aankh Micholi contains numerous derogatory remarks directed towards individuals with disabilities (PwDs).
A bench consisting of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra noted the significance of the issue and committed to thoroughly addressing it before issuing a verdict.
Disability rights activist Nipun Malhotra, the petitioner, lodged the plea upon discovering derogatory and discriminatory remarks aimed at individuals with disabilities in Aankh Micholi, a film produced by Sony Pictures Films India.
Malhotra's concern revolved around the derogatory references to individuals with disabilities present in both the film and its trailer.
During the proceedings, Senior Advocate Sanjoy Ghose represented the petitioner and contended that individuals with speech disabilities were referred to as "atki hui cassettes" (stuck cassettes), and a person with memory issues was labeled as "bhulakkad baap" (forgetful father) in the film.
"This is a case where they depict individuals with disabilities being ridiculed and forced to conceal their disabilities to marry women. Look at what the Supreme Court has initiated with Mitti Cafe and contrast it with what is portrayed here," he added. "The entire aim of the movie is to portray them as endearing characters and emphasize assimilation," countered the opposing counsel.
They should at least display a ticker indicating there's no intention to harm individuals with disabilities. The CBFC could also include a member who is disabled... Can't the Censor Board have members from the community?
Meanwhile, CJI Chandrachud remarked that the Court must not approach the matter from an ableist perspective.
The case was brought before the Supreme Court following the dismissal of Nipun Malhotra's plea by the Delhi High Court, which argued against excessive censorship in India. At the time, the High Court also noted that India already had prior censorship laws in place, distinguishing it from other countries. In his plea, Malhotra also urged the Court to instruct the movie's producer to develop a short awareness film shedding light on the challenges encountered by individuals with disabilities and promoting awareness on the topic.
"The portrayal of persons with disabilities in a facetious manner is neither essential to the film's plot nor contributes to the dismantling of harmful stereotypes surrounding them," the plea added.
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