Why in the News?

On July 8, the Supreme Court issued guidelines against stereotyping and discriminating persons with disabilities in visual media, prompted by a plea to ban Aaankh Micholi.

Background:

The Supreme Court’s guidelines came in response to a plea filed by activist Nipun Malhotra challenging the alleged insensitive portrayal of differently-abled individuals in the Film ‘Aaankh Micholi’.
The petitioner argued that the film contained derogatory references and stereotyping of persons with disabilities.

Key Highlights of the Supreme Court Ruling:

Avoiding Derogatory Language: The court asked creators to avoid words like “cripple”, “spastic”, “afflicted”, “suffering”, and “victim” as they contribute to negative self-image and perpetuate discriminatory attitudes.
Accurate Representation: The court said stereotyping differently-abled persons in visual media and films must end, and creators should provide an accurate representation of disabilities rather than mocking or mythifying them.
Involvement of Persons with Disabilities: The court asked creators to practice the principle of “nothing about us, without us” and involve persons with disabilities in the creation and assessment of visual media content.
Training and Collaboration: The court emphasized the need for training programs for writers, directors, producers, and actors to sensitize them on the impact of portrayals on public perceptions.

What are the laws which grant disability rights?

Rights of Persons with Disabilities Act (RPwD Act), 2016: This is the primary legislation that comprehensively addresses the rights and entitlements of persons with disabilities in India. It replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, of 1995.
The National Trust Act, 1999: It provides legal support to persons with autism, cerebral palsy, mental retardation, and multiple disabilities. It focuses on enabling guardianship and providing support to those who may not have guardians.
Rehabilitation Council of India Act, 1992: Regulates the training of rehabilitation professionals and promotes research in rehabilitation and special education.
Mental Healthcare Act, 2017: While primarily focusing on mental health issues, this Act also includes provisions related to the rights and treatment of persons with mental disabilities.

Are the laws governing the ‘Rights of Differently-abled’ persons being implemented properly?

Implementation Gaps: There are significant gaps between the provisions laid out in laws like the Rights of Persons with Disabilities (RPwD) Act, 2016, and their actual implementation on the ground. Many disabled persons continue to face barriers to accessing their entitlements and rights.
Awareness and Sensitization: There is a lack of awareness among the general public, as well as within government bodies and institutions, about the rights and needs of persons with disabilities.
Infrastructure and Accessibility: Despite legal mandates for accessibility in public places, transportation, and buildings, implementation remains uneven.
Employment Opportunities: While laws mandate employment quotas for persons with disabilities in government and private sectors, these quotas are often not met.

What is the way forward?

Enhanced Monitoring and Accountability: Implement regular audits and monitoring mechanisms to ensure compliance with disability rights laws at all levels of governance and across sectors.
Need to Increase Awareness and Sensitization: Launch nationwide awareness campaigns targeting both the general public and stakeholders within government and private sectors to promote understanding of disability rights.

Mains PYQ:

Q The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (UPSC IAS/2022)

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