Introduction:

In a landmark ruling today, the Supreme Court issued crucial guidelines to uphold the dignity of persons with disabilities in visual media. The case, centered around the film ‘Aankh Mihcoli’, produced by Sony Pictures, challenged the certification it received, alleging that it portrayed individuals with disabilities in an undignified manner. Chief Justice DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, delivered a comprehensive judgment emphasizing the need for media representations that respect and reflect the diverse realities of persons with disabilities.

Arguments of Both Sides:

The petitioner, Nipun Malhotra, argued that ‘Aankh Mihcoli’ perpetuated negative stereotypes and used disparaging language against persons with disabilities, thus violating their dignity and contributing to societal discrimination. Sony Pictures, defending the film’s portrayal, asserted artistic freedom under Article 19(1)(a) of the Constitution, contending that the film’s overall message justified its approach. They argued against excessive censorship, advocating instead for nuanced understanding and interpretation of disability portrayals in media.

Court’s Judgement:

The Supreme Court, while declining to overturn the film’s certification, established a framework for the portrayal of persons with disabilities in visual media. Chief Justice DY Chandrachud’s judgment underscored that while artistic expression is protected, it must not perpetuate stereotypes or marginalize individuals with disabilities. The guidelines issued emphasize:

1. Avoidance of derogatory language and terms that reinforce negative perceptions.

2. Accurate representation of medical conditions to prevent misinformation.

3. Promotion of diverse and multi-dimensional portrayals showcasing successes and contributions.

4. Involvement of persons with disabilities in decision-making processes regarding media representations.

5. Implementation of training programs for media creators to foster respectful and empathetic portrayals.