Seeking Access To Entertainment: How Delhi HC's Order Made Pathaan Movie Accessible For Persons With Disabilities

On January 16, 2023, the Delhi High Court directed Pathaan바카라�s producer, Yash Raj Films (YRF), to prepare 바카라�audio descriptions, closed captioning, and subtitles바카라� in Hindi for the hearing and visually impaired people for the film바카라�s release on Amazon Prime Video. Responding to a plea moved by four individuals바카라�a law student, two lawyers, and Executive Director of the National Association for the Deaf바카라�the Court said their petitions raised 바카라�very important issues바카라� regarding the hearing and visually impaired people바카라�s 바카라�accessibility to various modes바카라� of entertainment. 바카라�Section 42 of the Rights of Persons with Disability [RPWD] Act, 2016 shows that,바카라� it added, 바카라�the Government has an obligation to take measures to ensure that all content is available in formats accessible to persons with disabilities.바카라�

The petitioners had also stated that even though the RPWD Act recognises different rights for persons with disabilities, most films releasing in India did 바카라�not cater to disabled persons despite바카라� the enactment of the 바카라�statute바카라� over 바카라�five to six years ago바카라�. Answering a specific query by the Court, a petitioner, advocate Rahul Bajaj, submitted that in 바카라�certain foreign countries, the theatres themselves make provisions for headphones to be plugged into the seats in the theatre바카라�, which allow access to audio descriptions. Not in India though. Despite such restriction, added Bajaj, visually impaired people could still enjoy the audio descriptions of films through 바카라�mobile applications on smartphones바카라�바카라�such as XL Cinema and Shazacin바카라�if the producer, tying up with them, provided audio descriptions. 

By the next hearing, on April 6, YRF had provided the subtitles, closed captions, and audio descriptions. But wanting to find an overall solution to the problem, Justice Prathiba M Singh directed the union government to consult with film producers, OTT platforms, television channels, theatre owners and disabled people바카라�s associations to ensure that other movies, too, are made accessible to visually and hearing impaired people. Singh ordered the government to conclude the discussions by August 15, saying its 바카라�drafted guidelines could be placed before the court바카라�.

Next month, in May, the Central Board of Film Certification, under the aegis of the Ministry of Information and Broadcasting, invited 바카라�sealed Expression of Interest바카라� from different consulting parties for 바카라�providing advanced technology solutions for accessibility in films for persons with disabilities바카라�. Agreeing with the plea, and citing the RPWD Act, it noted that 바카라�people with disabilities in India are unable to enjoy recreational activities of media and entertainment due to physical challenges in vision, hearing, or comprehension, resulting in their exclusion바카라�.

In late September, however, something unprecedented happened: even the Delhi High Court looked inwards. Sharing the podium with the judge, two sign-language interpreters translated the case바카라�s proceedings to the hearing impaired persons in the court. Singh바카라�s single-judge bench also said that, 바카라�In the future, sign-language interpreters will be available for all hearings.바카라� She also commented on the Ministry of Information and Broadcasting바카라�s status report, stating the film industry 바카라�would have to show more sensitivity towards persons with disabilities바카라� considering the Act바카라�s provisions. 바카라�Under Section 42,바카라� she explained, 바카라�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.바카라�

The High Court also said that the ministry would publicise today바카라�s order on its website바카라�the next hearing is on November 2바카라�so that 바카라�any other stakeholder바카라� could also participate and asked the ministry바카라�s Joint Secretary to be present for it. 바카라�The purpose of directing stakeholder consultation was to ensure that concerns of all stakeholders are addressed before mandatory guidelines are issued by the ministry,바카라� said the Delhi High Court, issuing notices to the CBFC, Film Federation of India, South Indian Film Chamber of Commerce, and film theatres association. 바카라�However, it appears that some of the parties have expressed concerns which, in the opinion of the court, are not valid.바카라�