PORTRAYAL OF DISABILITY IN FILMS
1. Context
On July 8 2024, while hearing a plea to ban the film Aaankh Micholi for derogatory portrayal of people with disabilities, the Supreme Court in a landmark ruling laid down comprehensive guidelines to prevent stereotyping and discrimination of persons with disabilities (PwDs) in visual media, including films and documentaries
2. What is the Framework?
- The Supreme Court's framework emphasizes the importance of preventing stigmatization and discrimination, acknowledging their significant impact on the dignity and identity of individuals with disabilities.
- The guidelines include avoiding terms that foster institutional discrimination, such as "cripple" and "spastic," as these contribute to negative self-perceptions and perpetuate discriminatory attitudes.
- A panel led by Chief Justice of India D.Y. Chandrachud stated that stereotyping people with disabilities in visual media and films must cease, urging creators to portray disabilities accurately rather than mockingly.
- The Court advised against using language that focuses solely on the impairment and ignores societal barriers, recommending against terms like "afflicted," "suffering," and "victim."
- Additionally, it called for adherence to the principle of "nothing about us, without us," encouraging the involvement of individuals with disabilities in the creation and evaluation of visual media content
3. Laws related to disability rights
The law which comprehensively deals with disability rights is the Rights of Persons with Disabilities (RPwD) Act which came into force from April 19, 2017. It replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The National Trust Act (1999), Rehabilitation Council of India Act (1992), Mental Health Care Act (2017) are the other laws that govern disability rights
Here are some of the key laws and policies that grant disability rights in India:
- Rights of Persons with Disabilities Act, 2016: This is the most comprehensive and recent legislation on disability rights in India. It replaced the earlier Persons with Disabilities Act, 1995. Key features include:
- Increased the types of recognized disabilities from 7 to 21
- Increased reservation in government jobs from 3% to 4%
- Introduced penalties for violations of the Act
- Mandated accessibility in public buildings, transportation, and information technology
- Mental Healthcare Act, 2017: This Act protects the rights of persons with mental illnesses and ensures they have access to mental health care and services.
- National Trust Act, 1999: This Act provides for the creation of a National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities.
- Rehabilitation Council of India Act, 1992: This Act ensures the standardization and regulation of training programs for rehabilitation professionals working with people with disabilities.
- Right to Education Act, 2009: While not specifically a disability law, this Act mandates free and compulsory education for all children between 6-14 years, including children with disabilities.
- National Policy for Persons with Disabilities, 2006: This policy focuses on prevention of disabilities, rehabilitation measures, and creating a barrier-free environment for persons with disabilities.
- Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996: These rules provide guidelines for implementing the provisions of the 1995 Act (now superseded by the 2016 Act).
- Indian Sign Language Recognition, 2018: The government officially recognized Indian Sign Language as a language in its own right, which is a significant step for the deaf community.
4. Creative freedom in portrayal of disable persons in Films
The portrayal of disabled persons in films is an important and evolving topic that intersects creative freedom, representation, and social responsibility. Here's an overview of the key considerations:
- Creative Freedom: Filmmakers generally have broad artistic license to portray characters as they see fit. This includes the portrayal of disabled characters. Creative freedom allows for diverse storytelling and can lead to innovative and impactful representations.
- Authenticity vs. Artistic Interpretation: There's often debate about whether actors with disabilities should play disabled characters. While this can increase authenticity, some argue that acting is about portraying experiences different from one's own.
- Stereotypes and Tropes: Filmmakers have the freedom to use various tropes, but there's increasing awareness about avoiding harmful stereotypes like:
- The "inspirational disabled person"
- Disability as villainous or pitiable
- Miraculous "cures"
- Legal Considerations: In most countries, there are no specific laws restricting the portrayal of disabled persons in film. However, general anti-discrimination laws may apply if a portrayal is deemed severely offensive or discriminatory.
- Industry Guidelines: Many film industry bodies have voluntary guidelines promoting responsible portrayal of marginalized groups, including people with disabilities.
- Social Responsibility: While not legally mandated, there's growing expectation for filmmakers to consider the social impact of their portrayals.
- Consultation and Collaboration: Many filmmakers now work with disability consultants or organizations to ensure more accurate and respectful portrayals.
- Diverse Storytelling: There's increasing recognition of the value of telling diverse stories that include disabled characters in roles not defined solely by their disability.
- Critical Reception: Films portraying disability often face heightened scrutiny from critics and audiences, which can impact their reception and commercial success.
- Evolving Standards: What was once considered acceptable may now be seen as problematic. The standards for respectful portrayal continue to evolve
5. Way Forward
The court emphasised on collaboration with disability advocacy groups to gain invaluable insights and guidance on respectful and accurate portrayals, ensuring the content aligns with the lived experiences of persons with disabilities. It has also said that implementing training programmes for writers, directors, producers, and actors to emphasise the impact of portrayals on public perceptions and the lived experiences of persons with disabilities is a necessity
Source: The Hindu
