Delhi High Court has asked the Union Ministry of Information and Broadcasting, the Central Board of Film Certification, and film producers to decide on adding accessibility features in cinema and over-the-top (OTT) platforms for disabled audience. Justice Swarana Kanta Sharma passed the directions on August 10 while hearing a petition filed by disability rights activist and lawyer Rahul Bajaj. The court directed all concerned stakeholders to convene a joint meeting within a week and reach a workable resolution in two weeks.
Bajaj filed the petition in 2024 around the release of the film Pushpa 2, seeking to add accessibility features for differently-abled audience. He batted for the addition of audio descriptions, same language subtitling, captioning, and Indian sign language provisions. The petition also sought directions to the Union Ministry of Information and Broadcasting and the Central Board of Film Certification to take measures to put in place accessibility features and assistive devices in theatres.
During the August 10 court proceedings, the petitioner stated that his grievance was not confined to Pushpa 2 but about accessibility of movies in general for disabled persons. He submitted that films continue to be exhibited without the accessibility features mandated under the Rights of Persons with Disabilities Act, 2016. Further, accessibility is restricted to a limited number of theatres and dependent upon an application which is itself alleged to be inaccessible.
Therefore, the issue requires a broader and amicable resolution rather than being confined to the particular film. Bajaj highlighted that the Rights of Persons with Disabilities Act, 2016 requires the government to ensure that persons with disabilities are able to access electronic media by audio description, close captioning, and sign language.
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The petition pointed out that the failure to release Pushpa 2 with accessibility features violated guidelines issued by the Ministry in March this year. These guidelines of accessibility standards in the public exhibition of feature films in cinema theatres require all multi-lingual films to provide at least one accessibility feature. The guidelines are legally binding and intended to ensure that persons with disabilities can access and enjoy cinema on an equal footing with others. The respondents’ failure to comply with these guidelines for Pushpa 2: The Rule would constitute a clear violation of the (Rights of Persons with Disabilities) Act.
The matter will be heard next on September 11 to examine the outcome of the stakeholders’ decision. Bajaj appeared in person. Central government standing counsel Mukul Singh with advocate Aryan Dhaka appeared for the Central government.
According to the filing, the court’s order emphasizes the need for collaboration across the industry to implement these changes effectively. This order mandates immediate action from all parties involved.
