The Supreme Court on July 8 refused to interfere with the decisions of the Central Board of Film Certification allowing public screening of films and documentaries but laid down elaborate guidelines for visual media on eschewing content that disparage and denigrate disability.
A bench of Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala refused to interfere with the CBFC’s decision to clear Aankh Micholi and remarked that the CBFC was an expert body to determine the offending nature of a film’s content towards disabled people and decide whether it was fit for public screening or not.
The CJI, whose judgement was termed “path-breaking” by Justice Pardiwala in open court, said, “As long as the overall message of the film justifies the depiction of disparaging language being used against persons with disabilities, it cannot be subjected to restrictions beyond those placed in Article 19(2). However, language that disparages persons with disabilities, marginalises them further and supplements the disabling barriers in their social participation without the redeeming quality of the overall message of such portrayal, must be approached with caution.”
Visual media should strive to depict the diverse realities of persons with disabilities, showcasing not only their challenges but also their successes and contributions to society, the apex court added.