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Synopsis

The Delhi High Court highlighted State's positive obligation to ensure that individuals with hearing and visual impairments should be adequately accommodated in response to a plea advocating for improved accessibility to entertainment venues and media platforms.

The bench headed by Justice Pratibha M Singh directed the Ministry of Information and Broadcasting (MIB) to finalize and notify the guidelines to make entertainment venues accessible under Section 42 of the Rights of Persons with Disabilities Act, 2016 (RPWD Act) 2016.

“A hearing or visually impaired person, may get easy physical access to a film theatre but may not be able to enjoy the film at all, if measures to make it enjoyable are not taken by the other stakeholders, including producers, theatre managers, OTT platforms, etc”, the bench added. 

Four petitions were lodged by individuals with visual and hearing impairments, shedding light on the challenges faced by disabled persons in accessing audio-visual content, whether in conventional cinemas or online streaming platforms.  The petitions were directed against Yash Raj Films, the producer of the film 'Pathaan', the Ministry of Information and Broadcasting, the Department of Empowerment of Persons with Disabilities, and Amazon Seller Services Private Limited, the operator of the Amazon Prime Video platform where the film was released.

The petitions underscored the obstacles encountered by disabled individuals in accessing audio-visual content, stressing the broader issue of disability rights, particularly the right to access public and private spaces without encountering discrimination.

Advocate Rahul Bajaj, representing the petitioners, underscored the obstacles encountered by disabled individuals in accessing audio-visual content, stressing the broader issue of disability rights, particularly the right to access public and private spaces without encountering discrimination. Further, he contended that existing physical and virtual spaces predominantly catered to able-bodied individuals, thus excluding those with disabilities. He attributed this exclusion to a systemic oversight by planners and service providers who primarily targeted able-bodied audiences.

Placing reliance on the RPWD Act, Advocate Bajaj addressed accessibility concerns, asserting that the state ought to establish regulations ensuring accessibility standards in both physical and digital realms. He further asserted that the following measures could be taken:

● Audio description - which is a verbal depiction of key visual elements in media and live productions. This involves description of the visuals on screen to enable imagination by the hearing impaired; 
● Subtitling - which provides a text alternative for the dialogue of video footage – the spoken words of characters, narrators and other vocal participants, in the original language itself, as also, in the dubbed language in case of dubbed movies; and 
● Closed Captions - which not only supplement dialogue but other relevant parts of the soundtrack – describing background noises, phones ringing, and other audio cues that need describing, These features would be integral to the enjoyment of films for persons with disabilities.

The bench observed that the only matter under consideration was the comprehensive resolution concerning the implementation of statutory provisions and other directives to ensure the accessibility of films for hearing and visually impaired individuals. Court also noted that despite the government's instructions to incorporate specific features, it was apparent that producers and various platforms had not acted upon them. 

The bench observed that the writ petition was originally filed concerning the feature film 'Pathan'. However, MIB asserted, through a circular dated October 1st, 2019, that such features should be incorporated, and issued various directives to seek a comprehensive solution.

The MIB informed the court that it has published the Draft Guidelines, and stakeholders have provided their comments.

The court ordered, “Considering the current position wherein the producers and technology providers need to co-ordinate with each other and the MIB has also sought further time to notify the guidelines, the following directions are issued: 

i. The guidelines shall now be finalised by the MIB and shall be notified on or before 15th July, 2024. It is made clear that the said guidelines shall make the provision of accessibility features mandatory and provide a reasonable period for compliance by all stakeholders, in an expeditious manner. 

ii. In the meantime, insofar as any representations which are received by the MIB for inclusion of accessibility features in films are concerned, one Under Secretary from the MIB shall be nominated as the designated officer for receipt of such representations. The representations if received, shall be responded to within three working days and attempt shall be made that even in the interregnum, while the Guidelines are to be notified, that such features are included in features films, including on OTT platforms. The contact details of the said Under Secretary shall be published on the website by 10th April 2024, by the MIB”. 

With these directions court disposed of the petition. 

Case Title: Akshat Baldwa & Ors v Yash Raj Films & Ors. (2024:DHC:2417)