The Supreme Court of India has issued important guidelines to prevent stereotyping and discrimination against persons with disabilities (PwDs) in visual media. These guidelines stress the need for accurate representation and the involvement of PwDs in content creation. This move aims to ensure that disabled individuals are portrayed with respect and dignity, and it builds on existing laws like the Rights of Persons with Disabilities Rules, 2017.
As per the 2011 Census, there are 2.68 crore PwDs in India, constituting 2.21% of the population. The Rights of Persons with Disabilities (RPwD) Act, 2016, recognizes 21 types of disabilities, including locomotor, visual, hearing, and intellectual impairments. Disability rights are viewed through various models, with the human rights model emphasizing equal enjoyment of all human rights by PwDs. While the RPwD Act, 2016, aims to ensure equal opportunities and full participation for PwDs, the implementation remains a challenge. Other relevant laws include the National Trust Act of 1999 and the Mental Health Care Act of 2017.
To empower PwDs measures such as upgrading infrastructure, increasing research in prosthetics, ensuring accurate identification, changing societal perceptions, and implementing AI-powered accessibility audits are essential. Establishing a Universal Design Innovation Hub and developing neuro-adaptive learning platforms can also make a significant impact.
Origin of the Article
This editorial is based on “The Supreme Court ruling on portrayal of disability in films” which was published in The Hindu on 14/07/2024. The article discusses the Supreme Court’s new guidelines to prevent discrimination against PwDs in visual media.
Relevancy for UPSC Students
Understanding Persons with Disabilities for UPSC students as it relates directly to GS Paper 2 on Government Policies & Interventions and Welfare Schemes. It provides insights into disability rights and legal frameworks, which can be useful for both prelims and mains examinations.
Why in News
The Supreme Court’s recent guidelines to prevent stereotyping and discrimination against persons with disabilities (PwDs) in visual media are crucial for UPSC aspirants. This development touches on key aspects of GS Paper 2, including government policies and welfare schemes. Similar questions on disability rights and judicial interventions have been previously asked in the UPSC exam, making it an essential topic for aspirants to understand the evolving legal and social framework.
Supreme Court Guidelines on Disability Portrayal in Visual Media
The Supreme Court of India has issued landmark guidelines to prevent stereotyping and discrimination against persons with disabilities (PwDs) in visual media. These guidelines emphasize the importance of accurate representation and the involvement of PwDs in content creation. This ruling is a significant step towards ensuring that PwDs are portrayed with dignity and respect, reflecting their true capabilities and contributions.
Language Use
The guidelines stress the importance of avoiding discriminatory language such as “cripple” and “spastic,” which can perpetuate negative stereotypes and contribute to institutional discrimination. Instead, the use of respectful and accurate language is encouraged to foster a more inclusive society.
Stereotyping
Creators are urged to avoid mocking disabilities and to provide accurate representations of PwDs. Stereotyping not only misrepresents the lived experiences of PwDs but also reinforces harmful biases that hinder their social and economic participation.
Inclusive Language
Terms that individualize impairments and overlook social barriers, such as “afflicted” or “victim,” should be avoided. The focus should be on inclusive language that recognizes PwDs as integral members of society who face barriers imposed by societal structures.
Inclusive Collaboration
The principle of “nothing about us, without us” is highlighted, encouraging the’ involvement of PwDs in creating and assessing visual media content. This ensures that their perspectives and experiences are accurately represented.
Current Status of PwDs in India
India’s population includes 2.68 crore persons with disabilities, accounting for 2.21% of the total population, according to Census 2011. The Rights of Persons with Disabilities (RPwD) Act, 2016, identifies 21 types of disabilities, including locomotor disability, visual impairment, and intellectual disability, among others.
About
The RPwD Act, 2016, is comprehensive legislation ensuring equal opportunities and the protection of rights for PwDs. The act broadens the scope of disabilities recognized and provides a framework for their inclusion in various aspects of life.
Models of Disability Rights
Medical Model
This model focuses on the individual’s impairment, often viewing disability as a problem to be fixed through medical intervention.
Social Model
The social model considers PwDs as part of society with the same rights as everyone else, emphasizing the need to remove societal barriers that hinder their full participation.
Human Rights Model
An evolution of the social model, the human rights model emphasizes that PwDs should enjoy all human rights equally. The Supreme Court’s guidelines align with this model, advocating for the full and effective participation of PwDs in society.
Laws Granting Disability Rights
India has enacted several laws to protect and empower persons with disabilities, ensuring their rights and inclusion in society.
RPwD Act, 2016
This act aims to ensure equal opportunities, protection of rights, and full participation for PwDs. It replaces the 1995 Act and broadens the scope of recognized disabilities.
National Trust Act, 1999
This act provides for the welfare of persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities. Thus, establishing a national body to oversee their care and inclusion.
Rehabilitation Council of India Act, 1992
This act regulates the training and registration of professionals working in the field of disability rehabilitation, ensuring quality services for PwDs.
Mental Health Care Act, 2017
This act protects the rights and dignity of people with mental illness. It ensures access to mental healthcare services and safeguards their rights.
Major Challenges faced by PwDs in India
Despite progressive legislation, people with disabilities in India face numerous challenges across various sectors, hindering their full participation in society.
Inaccessible Infrastructure
Public and private spaces often lack proper accessibility features such as ramps, elevators, and tactile paving, limiting the mobility and independence of PwDs.
Educational Exclusion
Many PwDs face barriers to accessing quality education due to a lack of inclusive schools, trained teachers, and assistive technologies. This educational disparity perpetuates economic marginalization.
The Glass Ceiling of Prejudice
PwDs often face significant challenges in securing meaningful employment due to workplace discrimination, lack of reasonable accommodations, and societal prejudices.
Healthcare Hurdles
Access to appropriate healthcare remains a significant challenge, with many facilities lacking disability-friendly equipment and trained staff to handle specific needs.
The Invisible Chains of Social Stigma
Deep-rooted social stigma and misconceptions about disabilities continue to marginalize PwDs, impacting their mental health and overall quality of life.
Digital Divide
As India rapidly digitalizes, many PwDs are left behind due to inaccessible digital platforms and technologies, exacerbating existing inequalities.
Legal and Policy Implementation Gap
Despite progressive laws, implementation remains a major challenge, with many provisions remaining on paper and not translating into real-world benefits.
Major Initiatives for the Empowerment of PwDs
Various national and global initiatives aim to empower persons with disabilities, promoting their inclusion and participation in society.
India
- PM-DAKSH (Divyang Skill Development and Rehabilitation Scheme)
- Accessible India Campaign
- DeenDayal Disabled Rehabilitation Scheme
- Assistance to Disabled Persons for Purchase/fitting of Aids and Appliances
- National Fellowship for Students with Disabilities
Global
- Incheon Strategy to “Make the Right Real” for Persons with Disabilities in Asia and the Pacific
- United Nations Convention on Rights of Persons with Disability
- International Day of Persons with Disabilities
| Political: The Supreme Court’s guidelines represent a proactive stance by the judiciary to influence social policy, aligning with existing laws such as the RPwD Act, 2016. This intervention by the judiciary highlights political commitment towards disability rights in India. Economic: The guidelines could impact the media and entertainment industry economically. Accurate portrayal and involvement of persons with disabilities (PwDs) may require new investments in training and development, potentially increasing production costs but also opening markets to a broader audience. Socio: By addressing stereotyping, these guidelines aim to shift societal perceptions, fostering a more inclusive culture. Promoting a human rights model over medical or social models emphasizes PwDs as integral members of society rather than subjects of charity or medical treatment. Technological: The guidelines may spur innovation in media production technologies, including accessibility features in content creation and delivery. This could enhance accessibility in digital media platforms, benefiting not only PwDs but also the industry by broadening content accessibility. Environmental: Indirectly, the guidelines encourage environments that are more inclusive. By promoting accurate representations, media can influence public and private spaces to consider more PwD-friendly designs and infrastructure, aligning with sustainable and inclusive urban planning. Legal: The guidelines reinforce the RPwD Act and other disability rights legislation, potentially leading to stricter enforcement and compliance within the media sector. This legal backing ensures that media representations must adhere to norms that respect PwDs’ rights, under the threat of legal repercussions for non-compliance. |
Measures to Empower Persons with Disabilities in India
To ensure the full participation of persons with disabilities in society, several measures can be adopted. They focus on accessibility, innovation, and changing societal attitudes.
Disabled-Friendly Infrastructure
Upgrade public infrastructure to be disability-friendly, including clearly demarcated ramps, tactile paths, accessible public transportation, and adaptive technology in workplaces.
Increased Research and Development in Artificial Limbs
Boost funding from both government and private sectors for innovation in prosthetics, establishing specialized research centers for cutting-edge developments.
Clear Identification of PwDs
Implement a stringent identification and verification system through a centralized digital database, ensuring that only genuine PwDs receive benefits.
Changing Perceptions about PwDs
Promote the use of empowering terms and highlight the abilities and achievements of PwDs through media, arts, and public platforms to foster a more inclusive society.
AI-Powered Accessibility Audits
Implement AI-driven accessibility audits in urban planning, using machine learning algorithms to identify and address accessibility gaps in real time.
Universal Design Innovation Hub
Establish a national hub for developing and scaling up innovative, cost-effective universal design solutions for products, services, and infrastructure.
Neuro-Adaptive Learning Platforms
Invest in developing neuro-adaptive learning platforms that use EEG to personalize educational content, making education more accessible and effective for PwDs.
Gig Economy Inclusion Initiative
Create a dedicated platform within existing gig economy apps that caters specifically to PwDs, offering flexible, skill-matched job opportunities.
Disability-Inclusive Disaster Management System
Develop a comprehensive, tech-driven disaster management system that addresses the specific needs of PwDs, including real-time emergency alerts and evacuation assistance.
Adaptive Sports Technology Hub
Establish a national hub for developing assistive technologies for para-athletes, boosting participation and performance in para-sports.
Inclusive Digital Governance Platforms
Redesign e-governance platforms with a focus on universal accessibility, ensuring compatibility with assistive technologies and providing real-time sign language interpretation for services.
Conclusion
The Supreme Court’s guidelines mark a pivotal step toward the inclusion and empowerment of Persons with Disabilities (PwDs) in India. While the road ahead is full of challenges, a commitment to accurate representation and societal involvement can foster a more inclusive nation. For UPSC aspirants, understanding and advocating for these changes is crucial in shaping a just and equitable society.
| UPSC Civil Services Examination, Previous Year Questions (PYQs) Mains Q. How far do you agree with the view that persons with disabilities in India continue to face significant barriers despite the existence of progressive legislation? Discuss the measures required to effectively implement disability rights. (GS Paper II, 2022). Q. Examine the measures taken by the Indian government to empower persons with disabilities (PwDs), focusing on initiatives such as the Accessible India Campaign, PM-DAKSH, and the DeenDayal Disabled Rehabilitation Scheme. Evaluate the effectiveness of these measures and suggest additional steps that could be taken to enhance the inclusion and participation of PwDs in society. |
