Delhi HC directs Centre to hold stakeholder consultation on accessibility of films to disabled persons

Going through the definition of public services and facilities under the Act and rules, a single-judge bench of Justice Prathiba Singh observed that it has been defined in a broad manner and includes “leisure or recreational facilities as well”.

The HC observed that the letter/circular issued by the Ministry on October 1, 2019, “would show that in so far as the obligation to enforce and implement the accessibility of persons with disabilities is concerned there is no ambiguity or doubt”.

The court perused the material relied upon by the petitioner and observed that it “leaves no manner of doubt that the implementation ought to be made on an urgent basis in as much as though the government has directed the inclusion of such features…clearly it is not being implemented across the board by all producers and platforms”.

“In view thereof, the court is of the opinion…that a broad stakeholder consultation would be required to ensure that the Act as also circular issued on October 1, 2019, is implemented both in letter and spirit. Accordingly, it is directed that the Ministry of Information and Broadcasting along with the other relevant ministries may hold a stakeholder consultation.”

The court said that these stakeholders will include film producers both in national and regional languages, OTT platforms operating in India, television broadcasters, NBDA, association of theatre owners, organisations of disabled persons, distributors of films, and any other stakeholder that the ministry may consider appropriate.

“In the stakeholder consultation, the discussion would be held in respect of the manner in which provisions of the Act and rules as also the circular which has been issued can be implemented. The ministry is free to frame guidelines in this regard and draft guidelines may be placed before the court,” the HC said, adding that the consultation be concluded by the end of August, listing the matter on September 26.

On January 16 the HC directed producer Yashraj Films to prepare audio description, subtitles and closed captions in Hindi for the OTT release of its film ‘Pathaan’, allowing visually and hearing impaired audiences to access the film, and submit it for recertification to the Central Board of Film Certification (CBFC).

The HC noted today that as per the last order in respect of Pathaan, the “requisite compliances have been made and the audio description as also the same language subtitling and the closed captioning has been provided”.

“The issue that now remains to be considered is the overall solution that needs to be found in respect of implementation of the statutory provisions and other directions to make films disabled friendly for the visually and hearing impaired,” the court noted.

Appearing in person, advocate Rahul Bajaj, one of the petitioners, submitted that in contrast with the budget of the films released in India the cost that would be involved in providing these features would be very low. As per his submission the cost would be around Rs. 2 lakhs for including these features in a film.

He submitted that the ministry ought to be directed to give a mandate and not merely by issuing circulars which are not binding and nor implemented by the producers. He further submitted that the reasonable exceptions can also be recognised by the ministry however on a broad basis the features should be directed to be implemented by all producers and other platforms which make these films accessible.

With respect to the remedies Bajaj said that at the time of certification of the film the CBFC ought to insist that such features would be mandatory for the purpose of implementing the provisions of the RPWD act and the rules.

The Ministry’s counsel submitted that the necessary steps were taken pursuant to order of January 16 and addition of audio description, subtitles in Hindi as also closed captioning in both Hindi and English were duly implemented for the film. In addition it was submitted that directions have already been issued through a circular dated October 1, 2019 to producers to implement the requisite features in all films and such communication has been issued to various producer associations.