Introduction:
The Delhi High Court recently addressed a critical issue regarding accessibility for Persons with Disabilities (PwDs) in the digital space particularly in the context of online movie ticket booking platforms. In Rahul Bajaj v. Mythri Movie Makers and Ors [W.P.(C) 16833/2024], the petitioner, Rahul Bajaj, raised concerns about the lack of accessibility features on platforms like BookMyShow and the failure to provide adequate information about films with accessibility features. The case specifically revolved around the petitioner’s attempt to access the movie Pushpa 2: The Rule on equal terms with able-bodied individuals. The Court directed various governmental bodies, including the Ministry of Electronics and Information Technology (MeitY), the Ministry of Information and Broadcasting (MIB), and the Central Board of Film Certification (CBFC), as well as the ticketing platform BookMyShow, to file affidavits outlining the steps and regulatory frameworks to ensure accessibility for PwDs.
Arguments of Both Sides:
The petitioner, represented by his counsel, argued that the absence of accessibility features on online ticket-booking platforms violated Section 42(ii) of the Rights of Persons with Disabilities Act, 2016. This provision mandates the government to take measures to ensure access to electronic media for PwDs. He highlighted that platforms like BookMyShow do not display information about films with accessibility features, such as audio descriptions for the visually impaired or subtitles for the hearing impaired, making it impossible for PwDs to make informed decisions. Bajaj pointed out that while the film’s producers, Mythri Movie Makers, had introduced accessibility features for Pushpa 2: The Rule, these were limited to only three languages despite the film’s multilingual release. He further argued that platforms like BookMyShow failed to facilitate independent booking for PwDs, which placed them at a disadvantage compared to able-bodied individuals.
On behalf of the respondents, the counsel for the Ministry of Information and Broadcasting (MIB) sought additional time to file an affidavit detailing the regulations that mandate compliance with accessibility features in theatres. The counsel for MeitY assured the Court that steps would be taken to ensure that ticket-booking platforms include and disseminate information about accessibility features for films, enabling PwDs to make informed choices. The Central Board of Film Certification (CBFC) acknowledged its role in ensuring accessibility features are publicized at the time of film certification. Meanwhile, BookMyShow was directed to provide an affidavit detailing the accessibility features available on its platform and the measures being implemented to accommodate PwDs.
The respondents emphasized that accessibility was an ongoing concern and assured the Court that efforts would be made to improve compliance. However, they also argued that implementing certain features, such as independent booking options for PwDs, would require time and cooperation among various stakeholders, including film producers, certification authorities, and digital platforms.
Court’s Judgment:
The Delhi High Court took a proactive stance in addressing the systemic issues raised by the petitioner. Justice Sachin Datta emphasized that the rights of PwDs to access electronic platforms on an equal footing with others were integral to the spirit of the Rights of Persons with Disabilities Act, 2016. The Court acknowledged the petitioner’s contention that the absence of information about accessibility features prevented PwDs from making informed decisions, thereby violating their rights under the Act.
The Court directed the Ministry of Electronics and Information Technology to file an affidavit outlining the regulatory framework to ensure that online ticket-booking platforms provide clear information about accessibility features. This includes features like audio descriptions, subtitles, and sign language interpretations. Similarly, the Central Board of Film Certification was instructed to file an affidavit specifying the steps it takes to ensure that such accessibility features are disclosed at the time of film certification. The Ministry of Information and Broadcasting was also directed to submit details of existing regulations that prescribe mandatory accessibility features for theatres.
The Court further ordered BookMyShow, the ticket-booking platform, to file an affidavit detailing the accessibility features available on its platform and the measures being adopted to facilitate independent booking for PwDs. It noted that enabling informed decision-making for PwDs was not only a legal mandate but also a moral and social responsibility.
The bench also highlighted that the lack of accessibility in online platforms and cinema halls undermines the principles of equality and inclusion. It stressed the need for a coordinated effort between government bodies, film producers, and ticket-booking platforms to ensure that accessibility is treated as a fundamental right rather than an optional feature. While granting time for the respondents to file their affidavits, the Court adjourned the matter for further hearing on May 8, 2025.