The Delhi High Court recently issued directions for implementing suggestions to ensure that films are more accessible to persons with disabilities through the addition of same-language subtitles, assistive technology etc. [Rahul Bajaj vs. Mythri Movie Makers And Ors].

Justice Purushaindra Kumar Kaurav has issued directives on these aspects to the Union Ministry of Information and Broadcasting (MIB), Ministry of Electronics and Technology (MeitY) and the Central Board of Film Certification (CBFC).

The Court observed that several suggestions on this issue have been made by advocate Rahul Bajaj in a petition that flagged the lack of accessibility features to the 2024 Allu Arjun-starrer film 'Pushpa 2: The Rule'.

Bajaj is a disability rights activist and lawyer, who has been visually challenged since birth.

The Court has now directed the concerned authorities to implement suggestions made by Bajaj to improve accessibility to films for persons with disabilities, in an expeditious manner or state the reasons for not implementing them.

In the written submissions, Bajaj had called for measures such as

- The introduction of a mechanism for persons with disabilities to know if movies contain accessibility features beforehand. It should provide information to access accessibility features and also details for technical support.

- Steps to ensure that the producer of a film provides accessibility features as a condition of film certification. The CBFC should ensure that all applications mandatorily accompany the same language subtitles, language audio description and language closed captions.

- The CBFC should modify its website's film search database to clearly display, alongside each certified film, the accessibility features present. He also suggested that CBFC must ensure that certified accessibility features are easily searchable.

The Court proceeded to direct the MIB, MEITY and CBFC to do the needful to carry out these suggestions.

"Let all the aforesaid respondents/stakeholders implement the suggestions given by the petitioner with due expedition. If for any reason any of the suggestion is not implemented, let the specific reason be assigned by way of an affidavit of the Competent Authority," the Court said.

In his plea, Bajaj had pointed out that he was keen to watch Allu Arjun-starrer film 'Pushpa 2: The Rule', but was disappointed to find that audio descriptions for the film were available only in twelve screens in India.

He also noted that similar barriers in access to cinema had been noticed in the recent past, including for films such as 'Vettaiyan' and 'Pani'.

He urged the Court to issue directions to Pushpa 2's producers, namely Mythri Movie Makers, to release the film with accessibility features for differently-abled persons in theatres and Over-the-Top (OTT) streaming platforms.

In particular, Bajaj called for the addition of accessibility features such as audio descriptions, same language subtitling, captioning and Indian sign language provisions.

Appearing in person, Bajaj argued before the Court that accessibility features for Pushpa 2 were only available for three out of six regional languages in which the film has been released.

He also submitted that online movie ticket reservation platform, Book My Show does not have enabling features to assist differently abled persons. 

Bajaj highlighted that the Rights of Persons with Disabilities Act, 2016 requires the government to ensure that persons with disabilities are able to access electronic media by audio description, close captioning and sign language.

Bajaj's plea also pointed out that the failure to release Pushpa 2 with accessibility features violated guidelines issued by the MIB (Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres), which require all multi-lingual films provide at least one accessibility feature.

"These guidelines are not merely aspirational; they are legally binding, intended to ensure that persons with disabilities can access and enjoy cinema on an equal footing with others. The respondents' failure to comply with these guidelines for Pushpa 2: The Rule would constitute a clear violation of the (Rights of Persons with Disabilities) Act," the plea said.

The case will be heard next on May 7.

[Read order]