Delhi High Court seeks response of Centre, CBFC on plea to add Indian Sign Language feature in films, OTT content

The Delhi High Court has sought response from the Central government on a petition seeking directions to include Indian Sign Language (ISL) as a mandatory accessibility feature for movies exhibited at film theatres and on OTT (over-the-top) platforms [India Signing Hands Vs Union of India & Anr].

Justice Swarana Kanta Sharma on July 20 issued notice to the Union Ministry of Information And Broadcasting (MEITY) and the Central Board of Film Certification (CBFC) on a petition moved by India Signing Hands, an organisation dedicated to creating accessibility for the deaf community.

The organisation is seeking directions to revise March 2024 guidelines issued by the Centre, namely the ‘Guidelines on Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairments.'

The plea states that the exclusion of ISL from the said guidelines constitutes a violation of Rights of Persons with Disabilities Act, which mandatorily requires sign language interpretation for all electronic media.

The petitioner further calls on the Court to direct the authorities to take all necessary steps to ensure the effective implementation and enforcement of ISL interpretation in the public exhibition of feature films across all cinema theatres, OTT platforms, and all other media formats in India.

The petition highlights that the right to accessibility is a fundamental right under the Constitution.

“For a deaf person whose primary language is ISL, the inability to access films through sign language interpretation constitutes a deprivation of their right to receive information and participate in cultural expression, as guaranteed under Article 19(1)(a)..Denying them [deaf persons] access to cinema through their own language relegates them to second-class citizenship and perpetuates their marginalisation in cultural and social life,” the petition stated. 

The organisation also disclosed that it had earlier issued a legal notice on the issue to the Secretary of the MEITY. However, it received no response, prompting it to approach the High Court for relief.

The Court has issued notice on the petition and directed the Centre to file its response within three weeks from the date of the order.

The matter will be heard next on September 2.

Advocates Amritesh Mishra and Amar Jain appeared for the petitioner before Court. The petition was filed through advocates Rahul Bajaj, Amritesh Mishra, Amar Jain and Sarah.

Central government standing counsel (CGSC) Amrita Prakash with panel counsel Vivek Kumar Pandey appeared for the Centre. 

[Read order]