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The Supreme Court in a landmark ruling has laid down comprehensive guidelines to prevent stereotyping and discrimination of persons with disabilities (PwDs) in visual media, including films and documentaries. The SC laid down this comprehensive guideline while hearing a plea to ban the film Aaankh Micholi for derogatory portrayal of people with disabilities.
What are the SC guidelines to prevent stereotyping and discrimination of Persons with Disabilities?
1. Avoiding Derogatory Language- The court has emphasized on avoiding words that cultivate institutional discrimination, such as ‘cripple‘ and ‘spastic‘. These words contribute to negative self-image and perpetuate discriminatory attitudes. Also, language and words that individualize the impairment and overlook disabling social barriers, like ‘afflicted‘, ‘suffering‘ and ‘victim‘, should be avoided.
2. Focus on Accurate Representation- The court has held that stereotyping of differently abled persons in visual media and films must end. Creators must focus on providing an accurate representation of disabilities rather than mocking them. Creators should practice the principle of “nothing about us, without us,” and involve persons with disabilities in the creation and assessment of visual media content.
3. Creative Freedom vs Marginalizing Portrayals- The court has clarified that creative freedom of filmmakers cannot include the freedom to lampoon, stereotype, misrepresent or disparage marginalized communities. If the overall message of the content infringes with the rights of Persons with Disabilities (PwDs), then the right of creative freedom will not be protected.
4. Collaboration with Disability Advocacy Groups- The court has emphasized on collaboration with disability advocacy groups to gain insights and guidance on respectful and accurate portrayals. The training programmes for writers, directors, producers, and actors must be developed to emphasize the impact of portrayals on public perceptions and experiences of PwDs.
Who are classified as Persons with Disabilities? What is the status of differently abled people in India?
According to The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), Persons with disabilities are the ones who have long-term physical, mental, intellectual or sensory impairments, which hinder their full and effective participation in society on an equal basis with others.
The Rights of Persons with Disabilities Act, 2016, uses the same definition as the UN CRPD. It further defines ‘Person with Benchmark Disability‘ as ‘A person with not less than 40% of a specified disability‘.
Expansion of Disabilities- The Rights of Persons with Disabilities Act, 2016 has expanded the types of disabilities from 7 (under the Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995) to 21. The act also provides the Union Government the power to add more types of disabilities.
Data on Disability in India
a. Number of Persons with Disability in India- In India, there are around 26.8 million persons with disabilities. It constitutes around 2.21% of India’s total population (2011 Census). There are around 14.9 million men (2.41% of men) and 11.9 million women (2.01% of women) with disabilities.
Disabilities are highest in the age group 10-19 years (46.2 lakh people). 69% (18 million) of persons with disabilities reside in rural areas.
b. Disability % distribution- 20% of persons with disabilities in India have a disability in movement, 19% have visual impairment, 19% have a hearing impairment and 8% have multiple disabilities.
What provisions have been made for persons with disabilities in India?
Constitutional Provisions
| Preamble | The Preamble of the Indian Constitution seeks to secure social, economic and political justice to all citizens (which includes persons with disabilities) along with equality of status and of opportunity. |
| Fundamental Rights | Dignity of the individual is the fundamental notion behind all the fundamental rights guaranteed under the Constitution. All fundamental rights are available to the persons with disabilities. |
| Directive Principles | Article 41 exhorts the State to make effective provisions for securing the right to work, education and to public assistance in case of unemployment, old age, sickness and disability. Article 46 provides that the state shall promote educational and economic interests of the weaker sections of the people and protect them social injustice and all forms of exploitation. |
| Schedules of the Constitution | Relief of the Disabled is a State Subject (Entry 9 in List II) under the Seventh Schedule. Welfare of the Disabled and mentally retarded is listed as item 26 in the Eleventh Schedule and item 09 in the Twelfth Schedule. |
Legal Provisions
| The Mental Health Act, 2017 | It replaced the Mental Health Act, 1987. It has been passed with the objective to provide for mental healthcare and related services for persons with mental illness and to protect, promote and fulfill their rights. |
| The Rights of Persons with Disabilities (RPwD) Act, 2016 | This Act came into force in April 2017, and replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It fulfils the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD). The Act has several provisions for benefit of persons with disabilities- a. It has increased the magnitude of reservation for Persons with Disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes. b. It stresses to ensure accessibility in public buildings in a prescribed time frame. |
| The Rehabilitation Council of India Act, 1992 | It provided statutory status to the Rehabilitation Council of India (RCI, established in 1986). The mandate given to RCI is to a. regulate and monitor services given to persons with disability b. standardize syllabi and to maintain a Central Rehabilitation Register of all qualified professionals and personnel working in the field of Rehabilitation and Special Education. |
| The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 | It has been enacted with the objective to provide for the constitution of a body at the National level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities. The trust aims to provide total care to persons with mental retardation and cerebral palsy and also manage the properties bequeathed to the Trust. The Trust strives to enable persons with disability to live independently by- (a) Promoting measures for their protection in case of death of their parents (b) Evolving procedures for appointment of their guardians and trustees (c) Facilitating equal opportunities in society. |
Welfare Programmes
| Accessible India Campaign | It aims for creation of Accessible Environment for PwDs. The aim of the Campaign is to make a barrier free and conducive environment for Persons with Disabilities all over the country. The campaign targets three separate verticals for achieving universal accessibility (a) Built up environment; (b) Transportation ecosystem; (c) Information & Communication Technology (ICT) ecosystem. |
| Deendayal Disabled Rehabilitation Scheme (DDRS) | DDRS aims to create an enabling environment to ensure equal opportunities, equity, social justice and empowerment of persons with disabilities. Under DDRS, NGOs are provided with financial assistance for running their projects for the rehabilitation of persons with disability. |
| Assistance to Disabled Persons for Purchase of Aids and Appliances (ADIP) | Its aim is to assist the needy disabled persons in procuring durable and scientifically manufactured appliances. It is implemented by NGOs, National Institutes under the Ministry of Social Justice & Empowerment, and ALIMCO (a PSU that manufactures artificial limbs). It helps promote their physical, social, and psychological rehabilitation by reducing the effects of disabilities and enhancing their economic potential. |
| Indian Sign Language Research and Training Centre | It promotes the use of sign language and also to develop human resources in the field. |
| National Institute of Mental Health Rehabilitation (NIMHR) | It aims to work towards capacity building in the field of mental health rehabilitation. It also aims to develop community-based rehabilitation protocols for mainstreaming persons with mental illness who have been successfully cured. |
What are the Challenges faced by the people suffering from disability?
1. Social Challenges- The following are the challenges faced by the people suffering from disability in India:
(a) Discrimination and Inequality: They face several types of discrimination like reluctance to hire PwDs for employment
(b) Loss of Social Status: Lack of opportunities results in lack of employment, money etc.
(c) Inhuman Treatment: People suffering from mental illness or mental retardation are subject to social exclusion
(d) Loss of Identity: The identity of PwDs becomes linked with their disability and become a subject of pity.
2. Barriers to Education- There is lack of special schools and trained teachers for children with learning disabilities. Persons with visual impairment lack education materials for their studies. Children with learning disabilities are shunned and not admitted to schools.
3. Lack of adequate Healthcare facilities- The persons with disabilities lack quality healthcare facilities which further marginalises them.
4. Prevelance of Unemployment- Disabled persons have lower employment rates. Private sector is reluctant to hire PwDs due to stereotypes and stigma. It impacts their ability to be financially independent and be self-sufficient.
5. Accessibility- Lack of appropriate disabled-friendly physical infrastructure creates accessibility issues for persons suffering with disabilities. For ex- PwDs find it difficult to commute in public transportation, or access buildings.
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What Should be the Way Forward?
1. Accommodation and Inclusion- There is a need to identify opportunities to better accommodate people with disabilities in Society- like providing better education, equal opportunity in job, and initiating them to take active part in social and political decision.
2. Greater Social Sensitisation- The focus must be on overcoming stigma is necessary in order to facilitate better integration of Persons with Disabilities into the mainstream. People need to be educated and be sensitized about the challenges faced by PwDs. For ex- Use of the term “Divyangjan” to address persons with disabilities.
3. Preventive Measures for early prevention of disabilities- Scaling up The Comprehensive Newborn Screening (CNS) programme under the Rashtriya Bal Swasthya Karyakram for early detection and prevention of disabilities.
4. Interventions in Public Policy- A larger portion of the budget should be allocated to the welfare of disabled people. There ought to be budgeting for people with disabilities in line with the gender budget.
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