In a first, Delhi HC engages sign language interpreters

Advocate Rahul Bajaj, who is himself visually impaired, appeared for the petitioners and said that three other similarly placed hearing-impaired persons have joined the hearing today in order to understand the manner in which they can also attend proceedings.

A single-judge bench of Justice Prathiba Singh thereafter said that in this case, “It is directed that for future, sign language interpreters will continue to be engaged for all hearings.”

There were two sign-language interpreters who stood at the podium where the judge presides and translated the proceedings through sign language to the hearing-impaired persons present in the court.

In April, the HC had asked the Ministry of Information and Broadcasting to hold consultations with various stakeholders, to be concluded by August end, in the matter. Perusing a status report filed by the ministry, Justice Singh observed, “The opinion of the court at this stage is that the industry would have to show more sensitivity towards persons with disabilities in as much as the provisions of the Act have to be borne in mind. Under Section 42 of the Act, making available tools for providing access to information and communication technology is mandatory in law and not providing the same would also constitute offences under sections 89 and 90 of the Act.”

Justice Singh further observed that the law was brought into force almost six-seven years ago, yet persons with disabilities are unable to enjoy basic forms of enjoyment such as films which is a “cause for concern”.
“The purpose of directing stakeholder consultation was to ensure that concerns of all stakeholders are addressed before mandatory guidelines are issued by the ministry. However, it appears that some of the parties have expressed concerns which, in the opinion of the court, are not valid,” the HC said, while directing the impleadment of the Film Federation of India, South Indian Film Chamber of Commerce, Central Board of Film Certification (CBFC), and the film theatres association as parties in the matter while issuing notice to them.

The HC further said the ministry shall give publicity to today’s order on its website so any other stakeholder can wish to participate, if they wish to do so, on the subject. The matter is next listed on November 2.