SC Verdict on Preventing Disability Stereotyping

The Supreme Court issued comprehensive guidelines to prevent stereotyping and discrimination of persons with disabilities in visual media, following a plea to ban the film Aankh Micholi for its derogatory portrayal of PwDs.

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WHO QUALIFIES AS PERSONS WITH DISABILITIES?

• The United Nations Convention on the Rights of Persons with Disabilities (UN CPRD) defines persons with disabilities as those with long-term physical, mental, intellectual, or sensory impairments that limit their full participation in society.
• The Rights of Persons with Disabilities Act, 2016, aligns with this definition and defines a "Person with Benchmark Disability" as someone with at least 40% of a specified disability.

BROADENING THE SCOPE OF DISABILITIES

• The Rights of Persons with Disabilities Act, 2016, expanded the disability categories from 7 to 21 and grants the Union Government authority to add more types.

STATISTICS OF INDIA’S DISABILITY

CHALLENGES FOR THE PEOPLE GRAPPLING WITH DISABILITY

1. Social Challenges: Challenges faced by people with disabilities in India include:
   1. Discrimination and Inequality: They face discrimination, such as reluctance to hire PwDs for employment.
   2. Limited Social Status: Limited opportunities lead to insufficient employment and financial resources.
   3. Inhuman Treatment: People with mental illness or retardation face social exclusion.
   4. Loss of Identity: PwDs' identities are often reduced to their disability and become objects of pity.
2. Education Barriers: There is a shortage of special schools and trained teachers for children with learning disabilities, while those with visual impairments lack educational materials. Children with learning disabilities are often excluded from schools.
3. Inadequate Healthcare facilities: PwDs face inadequate healthcare, which further marginalizes them.
4. Prevalence of Unemployment: Disabled persons have lower employment rates, with the private sector reluctant to hire due to stereotypes, affecting their financial independence and self-sufficiency.
5. Accessibility: Inadequate disabled-friendly infrastructure creates accessibility issues, making it difficult for PwDs to use public transportation or access buildings.

SC GUIDELINES PREVENTIG STEREOTYPING AND DISCRIMINATION OF PwDs

• Avoiding Derogatory Language: The court stressed avoiding terms like "cripple" and "spastic" that foster discrimination and negative self-image. It also advised against words like "afflicted," "suffering," and "victim" that individualize impairments and ignore disabling social barriers.
• Emphasizing Accurate Representation: The court mandated an end to stereotyping differently-abled persons in visual media, urging creators to provide accurate representations and involve PwDs in content creation and assessment, adhering to the principle of "nothing about us, without us."
• Creative Freedom vs Marginalizing Portrayals: The court clarified that filmmakers' creative freedom does not include the right to lampoon, stereotype, or misrepresent marginalized communities. If content infringes on the rights of PwDs, creative freedom will not be protected.
• Collaboration with Disability Advocacy Groups: The court emphasized collaborating with disability advocacy groups for respectful portrayals and developing training programs for writers, directors, producers, and actors on the impact of portrayals on public perceptions of PwDs.

CONSTITUTIONAL PROVISIONS

• Preamble: The Preamble of the Indian Constitution aims to secure social, economic, and political justice, including equality of status and opportunity for persons with disabilities.
• Fundamental Rights: The dignity of the individual is central to all fundamental rights under the Constitution, which are available to persons with disabilities.
• Directive Principles: Article 41 urges the State to ensure rights to work, education, and public assistance for unemployment, old age, sickness, and disability. Article 46 mandates the state to promote the educational and economic interests of weaker sections and protect them from social injustice and exploitation.
• Schedules of the Constitution: Relief for the disabled is a State subject (Entry 9 in List II) under the Seventh Schedule, and welfare for the disabled and mentally retarded is listed as item 26 in the Eleventh Schedule and item 09 in the Twelfth Schedule.

LEGAL PROVISIONS

1. The Mental Health Act, 2017: It replaced the Mental Health Act, 1987, aiming to provide mental healthcare and services for persons with mental illness and to protect and fulfill their rights.
2. The Rights of Persons with Disabilities (RPwD) Act, 2016: Enacted in April 2017, this Act replaced the 1995 Disabilities Act and aligns with the UNCRPD. The Act has several provisions for benefit of persons with disabilities:
   1. The Act increases reservations for Persons with Disabilities to 4% in government jobs and 5% in higher education.
   2. It mandates accessibility in public buildings within a set timeframe.
3. The Rehabilitation Council of India Act, 1992: It granted statutory status to the Rehabilitation Council of India (RCI), established in 1986, with the mandate to:
   1. Regulate and monitor services for persons with disabilities.
   2. Standardize syllabi and maintain a Central Rehabilitation Register of qualified professionals in Rehabilitation and Special Education.
4. The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999: The Act establishes a National body for the welfare of persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities, aiming to provide comprehensive care and manage properties bequeathed to the Trust. The Trust aims to help persons with disabilities live independently by:
   1. Ensuring protection measures in case of parental death,
   2. Developing guardian and trustee appointment procedures,
   3. Promoting equal opportunities in society.

WELFARE PROGRAMMES

• Accessible Government schemes: The schemes aims to create an accessible environment for PwDs by focusing on: (a) built-up environments, (b) transportation, and (c) information and communication technology (ICT).
• Deendayal Disabled Rehabilitation Scheme (DDRS): DDRS aims to ensure equal opportunities, social justice, and empowerment for persons with disabilities by providing financial assistance to NGOs for their rehabilitation projects.
• Assistance to Disabled Persons for Purchase of Aids and Appliances (ADIP): The program assists needy disabled persons by providing durable, scientifically manufactured appliances. Implemented by NGOs, National Institutes, and ALIMCO, it supports physical, social, and psychological rehabilitation while enhancing economic potential.
• Indian Sign Language Research and Training Centre: It promotes sign language use and develops human resources in the field.
• National Institute of Mental Health Rehabilitation (NIMHR): It focuses on building capacity in mental health rehabilitation and developing community-based protocols for integrating successfully treated individuals with mental illness.

WAY FORWARD

• Integration and Inclusion: There is a need to enhance accommodation for people with disabilities by improving education, ensuring equal job opportunities, and encouraging their active participation in social and political decisions.
• Greater Social Sensitisation: Overcoming stigma is crucial for integrating Persons with Disabilities into mainstream society. Education and sensitization about the challenges faced by PwDs are necessary, such as using terms like “Divyangjan” to address them.
• Preventive Measures for early disabilities prevention: Scaling up the Comprehensive Newborn Screening (CNS) program under the Rashtriya Bal Swasthya Karyakram for early detection and prevention of disabilities.

Interventions in Public Policy: A larger budget portion should be allocated to disabled people's welfare, with budgeting aligned with gender budgets.