Delhi HC Calls For Broader Solution To Make Films Accessible To Persons With Disabilities

The Delhi High Court has called for a broader and workable solution to make films accessible to persons with disabilities, observing that the issue cannot be restricted to Pushpa 2: The Rule alone.

Justice Swarana Kanta Sharma, while hearing a petition filed by visually impaired petitioner Rahul Bajaj, directed all stakeholders, including the petitioner and respondents, to hold a joint meeting within one week. The court asked them to take a positive decision within two weeks after the meeting.

Accessibility Beyond One Film

The court said the matter has wider implications and gave all stakeholders an opportunity to discuss the concerns and explore a mutually acceptable solution. The direction reflects the need to look beyond accessibility measures for individual films and address the larger difficulties faced by persons with disabilities.

Bajaj submitted that his grievance was not limited to Pushpa 2: The Rule. He told the court that persons with disabilities continued to face similar difficulties in accessing other films and that the issue required a broader and amicable resolution.

Petitioner Flags Accessibility Gaps

According to Bajaj, his visual impairment prevents him from accessing films on an equal footing with other members of the public when features such as audio description, same-language closed captioning or subtitling and Indian Sign Language are unavailable.

He alleged that despite a statutory and regulatory framework requiring accessibility for persons with disabilities, films continued to be exhibited without such features on a universal basis. The petition said that even when accessibility features were available, they were often restricted to select theatres and could require an application process that was itself allegedly inaccessible.

What The Petition Sought

Bajaj had sought directions to ensure that Pushpa 2: The Rule was released with accessibility features across cinema theatres, over-the-top (OTT) platforms and other media formats. He also sought implementation of accessibility standards issued by the Ministry of Information and Broadcasting, PTI reports.

The petition further sought directions concerning assistive devices and technologies in theatres, action against inaccessible digital ticket-booking platforms and publication of information on films certified with or without accessibility features.

It also sought monetary penalties against the respondents under the Rights of Persons with Disabilities Act, 2016.

Respondents Say Pushpa 2 Issue Addressed

During the hearing, counsel for the respondents submitted that the grievance concerning Pushpa 2: The Rule had already been addressed and appropriate measures had been taken.

The court, however, took note of the wider issue raised by Bajaj and directed the stakeholders to deliberate on film accessibility and endeavour to arrive at an appropriate and workable resolution. The approach could prove significant because the petition raises questions about whether accessibility should depend on individual films and theatres rather than being available more widely.

Next Hearing On September 11

The matter has been listed for September 11, when the outcome of the stakeholders' deliberations is expected to be considered.

The court also directed that its order be uploaded on its website forthwith.