Delhi HC asks Centre, CBFC, film producers to decide on adding accessibility features in cinema, OTT for disabled

The Delhi High Court has directed the Union Ministry of Information and Broadcasting (MIB), Central Board Of Film Certification (CBFC), Mythri Movie Makers and other relevant stakeholders to deliberate upon adding accessibility features in films released in cinema and over-the-top (OTT) platforms for disabled audience [Rahul Bajaj vs. Mythri Movie Makers And Ors].

Justice Swarana Kanta Sharma passed the directions on August 10 while hearing a petition filed by disability rights activist and lawyer Rahul Bajaj.

"This Court considers it appropriate to afford an opportunity to all concerned stakeholders to deliberate upon the issue and explore a mutually acceptable resolution. Accordingly, a joint meeting of all stakeholders, including the petitioner and the respondents, shall be convened within a period of one week from today to consider the broader concerns regarding accessibility of films raised by the petitioner," the order said.

The Court directed the stakeholders to reach a workable resolution in this regard within two weeks.

Bajaj filed the petition in 2024 around the release of the film Pushpa 2, seeking to add accessibility features for differently-abled audience.

He batted for the addition of accessibility features such as audio descriptions, same language subtitling, captioning and Indian sign language provisions.

The petition also sought directions to the Union Ministry of Information and Broadcasting (MIB) and the Central Board of Film Certification (CBFC) to take measures to put in place accessibility features, assistive devices and technologies in theatres.

During the August 10 court proceedings, Bajaj stated that his grievance was not confined to Pushpa 2 but about accessibility of movies in general for disabled persons.

He submitted that films continue to be exhibited without the accessibility features mandated under the Rights of Persons with Disabilities Act, 2016. Further, accessibility is restricted to a limited number of theatres and dependent upon an application which is itself is alleged to be inaccessible.

"Therefore, the issue requires a broader and amicable resolution rather than being confined to the particular film," he stated.

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.

He also pointed out that the failure to release Pushpa 2 with accessibility features violated guidelines issued by the MIB in March this year (Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres), which requires all multi-lingual films to 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 matter will be heard next on September 11 to examine outcome of the stakeholders' decision.

Bajaj appeared in person.

Central government standing counsel Mukul Singh with advocate Aryan Dhaka appeared for the Central government.

[Read Order]