Delhi HC Directs Centre To Notify Guidelines To Make Provision Of Accessibility Features In Films & OTT Platforms For Specially-Abled Persons
The Delhi High Court has directed the Ministry of Information and Broadcasting (MIB) to notify guidelines to make provision of accessibility features in films and OTT (Over-The-Top) platforms for specially-abled persons.
The Court was deciding a writ petition filed by four persons being visually impaired and hearing impaired against Yash Raj Films.
A Single Bench of Justice Prathiba M. Singh said, “… accessibility is crucial and is enforceable as a legal right. Even private parties have to ensure that ‘reasonable accommodation’ measures are taken in order to enable greater accessibility for the hearing and visually impaired persons. 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 State has a positive obligation to ensure that all steps, that are reasonably possible, are taken in this direction.”
Advocate Rahul Bajaj appeared for the petitioners while Advocate Abhishek Malhotra appeared for the respondents.
In this case, the petition was filed by four persons out of whom, Petitioner Nos. 1, 2 and 4 were visually impaired and Petitioner No. 3 was hearing impaired. Petitioner No.1 was a law student at National Law School of India University, Bengaluru and Petitioner Nos. 2 and 4 were qualified lawyers. Petitioner No.3 was the Joint Secretary & Executive Director of the National Association for the Deaf. The petitioners, who were consumers of audio-visual entertainment, highlighted the challenges faced by persons with disabilities in accessing audio-visual content both in traditional theatres and online streaming platforms. The issue in the petition underscored the broader question of disability rights, particularly the right of individuals with disabilities to enjoy public and private spaces without discrimination.
It was highlighted by the petitioners that the existing physical and virtual spaces predominantly cater to able-bodied individuals, thereby excluding persons with disabilities from enjoying equal access. The petition was filed seeking directions against Yash Raj Films which was the producer of the film ‘Pathaan’, the two Ministries i.e., MIB and Department of Empowerment of Persons with Disabilities, and Amazon Seller Services Private Limited. They sought enforcement of various rights and accessibility requirements as prescribed under the provisions of Rights of Persons with Disabilities Act, 2016 (RPWD Act). Their case was that, though various rights have been recognized for ‘persons with disabilities’ under RPWD Act, most films which are released in India are not catering to specially-abled persons, despite the statute, having been enacted more than 5-6 years ago.
The High Court in view of the above submissions made by the petitioners observed, “… it is to be noted that the RPWD Act was itself enacted in 2016 and almost eight years have passed since then. As per the Act, non-provision of accessibility features would, in fact, constitute an offence under the Act.”
Considering the current position wherein the producers and technology providers need to co-ordinate with each other and the MIB has sought further time to notify guidelines, the Court issued the following directions:
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.
“The Guidelines upon being notified, any remedies which the Petitioner or any other stakeholders would have, are left open, as this Court has not examined the validity or legality of the said guidelines which are yet to be notified and are only in draft form”, the Court noted.
The Court also recorded its commendation to the sign language interpreters who were present in the court. It clarified that if the notification is not issued by July 15, 2024, the petitioners are free to seek revival of the writ petition.
Accordingly, the High Court disposed of the petition.
Cause Title- Akshat Baldwa & Ors. v. Yash Raj Films & Ors. (Neutral Citation: 2024:DHC:2417)
Appearance:
Petitioners: Advocates Rahul Bajaj and Mahoor Ghani.
Respondents: Advocates Abhishek Malhotra, Srishti Gupta, CGSC Ravi Prakash, Advocates Astu Khandelwal, Farman Ali, Taha Yasin, Yasharth, Usha Jamnal, Devvrat Joshi, Angad S Makkar, Nitin Sharma, Kuber Mahajan, Deepika Pokharia, Pranav Sarthi, and Ayushi Chaurasia.
