How Can Films Portray Persons with Disabilities?

The Supreme Court recently in the case of Nipun Malhotra vs. Sony Pictures Films India Private Limited  came up with guidelines about how to portray persons with disabilities (PwD) in Indian films.

Why did the court issue these Guidelines?

The court ruling responded to a plea against the Bollywood movie “Aankh Micholi.” The film allegedly had portrayed  PwDs inappropriately  and infringed upon their rights guaranteed under the Indian Constitution, the Cinematograph Act of 1952, and the Rights of Persons with Disabilities Act, 2016 (RPwD). The legal challenge also questioned a previous Delhi High Court order from January 15, 2024, which had dismissed concerns about the film’s depiction of medical conditions and its use of derogatory language when portraying characters with disabilities.

What did the Court say? 

If a film’s overall message violates the rights of persons with disabilities, it cannot claim protection under Article 19(1)(a) of the Indian Constitution as “free speech”. Filmmakers must consider the portrayal of persons with disabilities in balance with their fundamental and legal rights. The Supreme Court has clarified that filmmakers’ creative freedom under Article 19(1)(a) does not include the right to mock, stereotype, misrepresent, or belittle marginalized groups, including people with disabilities.

Representing persons with disabilities in visual media should reflect the anti-discrimination principles and respect stipulated in the Constitution and theRPwD. The court emphasised that “language has the power to shape societal perceptions and can perpetuate institutional discrimination”. The court highlighted that terms such as “cripple” and “spastic” have taken on derogatory meanings and should not be used.

What is the framework for portrayal of PwDs?

The Court has laid down a framework for a sensitive and careful portrayal of PwDs in media and entertainment. Filmmakers should avoid the use of language that is derogatory and belittles people with disabilities, as it can have far-reaching negative effects. The court also emphasized that offensive language is not just a matter of personal offence but can perpetuate societal harm.

Filmmakers should replace terms that focus on an individual’s impairments, such as “afflicted,” “suffering,” and “victim” with more respectful and inclusive language. 

Filmmakers should incorporate accurate and authentic depictions of medical conditions to avoid any form of  misinformation and prevent the reinforcement of stereotypes.

The Court stated that visual media has the power to showcase the diverse experiences of people with disabilities, highlighting their daily challenges, remarkable achievements, unique talents, and valuable contributions to society. Portrayals of PwDsshould not perpetuate harmful myths or resort to unrealistic depictions. Instead, they should aim for authentic and respectful representations that celebrate the diversity and strength of PwDs.

The court also recommended the implementation of training and awareness programs for creators involved in visual media content to promote the creation of respectful and accurate portrayals of i persons with disabilities. You can read more about addressing the barriers to access for PwDs, read our Guide here.