Guidelines to Prevent Stereotyping and Discrimination of Persons with Disabilities (PwDs)

Background of the Ruling

In a landmark ruling, the Supreme Court of India established comprehensive guidelines to address the portrayal of persons with disabilities (PwDs) in visual media, such as films and documentaries. This was in response to a plea against the film Aaankh Micholi for its derogatory portrayal of PwDs, although the Court decided not to ban the film or interfere with the Central Board of Film Certification (CBFC)'s decision to clear it for public screening.

Key Aspects of the SC’s Ruling

• Authentic and Respectful Representation:
• The SC emphasized the need for accurate and respectful portrayals of PwDs in films and media. The Court recognized the societal impact of how disabilities are depicted.
• Creative Freedom vs. Stereotyping:
• While acknowledging creative freedom, the SC asserted that it does not extend to perpetuating stereotypes or misrepresenting marginalized groups. The Court highlighted the need to avoid lampooning or disparaging PwDs.
• Impact on Public Perception:
• The Court noted that cinema plays a significant role in shaping public perceptions and that inaccurate portrayals can reinforce harmful misconceptions.
• Constitutional Considerations:
• Under Article 14 of the Indian Constitution, the Court argued that stereotyping contradicts principles of dignity and anti-discrimination.
• Distinction in Humor:
• The SC made a distinction between 'disability humor,' which promotes understanding, and 'disablement humor,' which degrades individuals with disabilities.

Significance of the Ruling

• Change in Narrative:
• The ruling is a significant step towards improving the representation of disability in India, aligning with the Rights of Persons with Disabilities (RPwD) Act 2016, which aims to protect and promote the rights and dignity of PwDs.
• Human Rights Model:
• The ruling underscores the human rights model of disability, emphasizing that PwDs are integral to society and should have the same rights as others.

Shortcomings of the Ruling

• Abstract Implementation:
• The human rights model, while progressive, can be abstract and challenging to implement effectively.
• Limited Scope:
• The guidelines are specific to visual media and do not address broader societal attitudes or other forms of media.
• Creative Freedom Concerns:
• There is concern that the guidelines might restrict artistic expression and creative freedom, potentially leading to conflicts between artistic license and respectful representation.

7-Point Guidelines to Prevent Stereotyping and Discrimination

The Supreme Court has outlined a 7-point framework to guide filmmakers and content creators in representing PwDs:

• Avoiding Discriminatory Language:
• Refrain from using words that perpetuate institutional discrimination or contribute to a negative self-image. Terms like "crippled" should be avoided.
• Recognizing Social Barriers:
• Use language that acknowledges the social barriers faced by PwDs, rather than ignoring or overlooking them.
• Accurate Medical Information:
• Ensure that any portrayal of impairments is based on accurate medical information and not myths. For instance, avoid stereotypes that suggest enhanced sensory capabilities.
• Consultation with PwDs:
• Involve PwDs in the creation and assessment of visual media content to ensure accurate and respectful representation. This follows the principle of "nothing about us, without us."
• Engagement with Rights Advocacy Groups:
• Consult with advocacy groups for PwDs to ensure that portrayals are in line with their rights and perspectives.
• Training and Sensitization:
• Implement training and sensitization programs for creators to raise awareness about disability issues and promote respectful and accurate representations.
• Feedback Mechanisms:
• Establish mechanisms for feedback from PwDs and advocacy groups to continually improve the portrayal of disabilities in media.

Current Status of Persons with Disabilities (PwDs) in India

Population Statistics

As per the Census 2011, the number of Persons with Disabilities in India is 2.68 crore, which constitutes about 2.21% of the total population.

Types of Disabilities

According to the Rights of Persons with Disabilities (RPwD) Act, 2016, there are 21 recognized types of disabilities, including:

• Locomotor Disability
• Visual Impairment
• Hearing Impairment
• Speech & Language Disability
• Intellectual Disability
• Multiple Disabilities
• Cerebral Palsy
• Dwarfism

Models of Disability Rights

• Medical Model:
• Focuses on the individual's impairment as a medical problem that needs to be treated or cured. The emphasis is on the physical or mental limitations of the individual.
• Social Model:
• Considers disability as a social construct that is created by barriers in society. This model emphasizes that people with disabilities are part of society and should have the same rights and opportunities as everyone else.
• Human Rights Model:
• An evolution of the social model, it emphasizes that individuals with disabilities should enjoy all human rights equally. This model obliges both government and private entities to ensure the full and effective participation of persons with disabilities in all aspects of society.
• The Supreme Court’s framework aligns with this model, underlining the need for inclusive practices and respect for the rights of PwDs.

Key Laws Granting Disability Rights

• Rights of Persons with Disabilities (RPwD) Act, 2016:
• This comprehensive law, effective from April 19, 2017, replaced the 1995 Act. It aims to ensure equal opportunities, protect the rights, and facilitate full participation of persons with disabilities. Key provisions include:
• Recognition of 21 types of disabilities.
• Reservations in education and employment.
• Accessibility in public spaces.
• Legal provisions for prevention of discrimination.
• National Trust Act, 1999:
• Establishes a national body for the welfare of persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities. It focuses on the development of supportive services and infrastructure for these disabilities.
• Rehabilitation Council of India Act, 1992:
• Regulates the training and registration of professionals working in the field of disability rehabilitation, ensuring that qualified personnel provide services to PwDs.
• Mental Health Care Act, 2017:
• Protects the rights and dignity of persons with mental illness, focusing on mental health care, protection from discrimination, and the right to live with dignity

Major Challenges Faced by Persons with Disabilities (PwDs) in India

• Inaccessible Infrastructure
• Overview: Infrastructure in India remains largely inaccessible to PwDs, limiting their mobility and independence.
• Details: Public spaces, transportation, and many private buildings lack essential features like ramps, elevators, or tactile paving.
• Statistics: According to a 2018 report by the Department of Empowerment of Persons with Disabilities, only 3% of buildings in India were fully accessible.
• Impact: This "architectural apartheid" creates barriers that prevent PwDs from participating fully in daily activities and societal functions.
• Educational Exclusion
• Overview: PwDs face significant challenges in accessing quality education despite the Right to Education Act.
• Details: Barriers include a lack of inclusive schools, inadequately trained teachers, and insufficient assistive technologies.
• Statistics: Approximately 45% of disabled individuals are illiterate. Only 62.9% of disabled people aged 3 to 35 have ever attended regular schools.
• Impact: This educational disparity leads to reduced employment opportunities and economic marginalization, perpetuating a cycle of disadvantage.
• The Glass Ceiling of Prejudice
• Overview: PwDs encounter major challenges in securing meaningful employment due to workplace discrimination and societal prejudices.
• Details: Issues include a lack of reasonable accommodations and entrenched biases against employing PwDs.
• Statistics: Out of nearly 3 crore PwDs in India, about 1.3 crore are employable, but only 34 lakh are currently employed.
• Impact: This employment gap limits economic independence and professional growth for PwDs.
• Healthcare Hurdles
• Overview: Accessing appropriate healthcare remains a challenge for many PwDs.
• Details: Many healthcare facilities lack disability-friendly equipment and trained staff capable of addressing specific needs.
• Impact: The Covid-19 pandemic further exposed these vulnerabilities, with PwDs facing heightened risks and reduced access to essential healthcare services.
• The Invisible Chains of Social Stigma
• Overview: Social stigma and misconceptions about disabilities continue to marginalize PwDs.
• Details: PwDs often face discrimination, exclusion from social activities, and violence.
• Impact: This social ostracism affects mental health and overall quality of life, reinforcing societal barriers and discrimination.
• Digital Divide – The New Frontier of Exclusion
• Overview: Rapid digitalization in India has exacerbated the exclusion of PwDs.
• Details: Many digital platforms, websites, and apps lack accessibility features such as screen readers or closed captions.
• Statistics: A 2020 report found that 98% of websites fail to comply with accessibility requirements for PwDs.
• Impact: This digital divide limits PwDs' access to education, employment, and social participation, deepening existing inequalities.
• Legal and Policy Implementation Gap – The Paper Tiger Syndrome
• Overview: Despite progressive laws like the Rights of Persons with Disabilities Act, 2016, implementation remains inadequate.
• Details: Many provisions of the Act remain on paper, and the necessary state-level structures are often not in place.
• Statistics: A 2019 report revealed that only 23 out of 35 states/UTs had constituted State Advisory Boards on disability, as required by the Act.
• Impact: This gap undermines the effectiveness of legal protections and fails to ensure that PwDs receive the benefits and support to which they are entitled.

Measures to Empower Persons with Disabilities (PwDs) in India

• Disabled-Friendly Infrastructure
• Upgrade Infrastructure: Implement disability-friendly designs in public infrastructure such as ramps, tactile paths, accessible public transportation, and adaptive technology in workplaces.
• Accessibility Guidelines: Enforce strict guidelines to ensure schools, hospitals, and digital services are accessible to all. Regular audits should be conducted to ensure compliance.
• Increased Research and Development in Artificial Limbs
• Boost R&D Funding: Increase funding from both government and private sectors for prosthetics innovation.
• Establish Research Centers: Create specialized national and regional prosthetic research centers to focus on cutting-edge developments in artificial limbs.
• Clear Identification of PwDs
• Centralized Database: Develop a centralized digital database for disability certifications using biometric authentication and regular audits.
• Verification System: Regularly update and cross-check the database with other government records to prevent and address false claims.
• Changing Perceptions about PwDs
• Promote Empowering Language: Shift societal attitudes by promoting terms like "Divyang" instead of "Viklang" (disabled).
• Showcase Achievements: Use media, arts, and public platforms to highlight the abilities and achievements of PwDs. Initiatives like Badhte Kadam can help in changing perceptions.
• AI-Powered Accessibility Audits
• Implement AI Tools: Use AI-driven accessibility audits in urban planning to analyze city infrastructure and identify accessibility gaps in real-time.
• Sensor Networks: Deploy sensor networks and computer vision systems to map accessible routes, detect obstacles, and suggest improvements.
• Universal Design Innovation Hub
• Establish Hub: Create a national Universal Design Innovation Hub that brings together designers, engineers, PwDs, and policymakers.
• Focus Areas: Develop and scale up innovative, cost-effective universal design solutions for products, services, and infrastructure. Serve as a testing ground for new accessibility technologies.
• Neuro-Adaptive Learning Platforms
• Develop Platforms: Invest in neuro-adaptive learning platforms that use EEG technology to personalize educational content for students with learning disabilities.
• Real-Time Adaptation: Platforms should adjust in real-time to a student's cognitive load, attention levels, and learning style.
• Gig Economy Inclusion Initiative
• Create Platform: Develop a dedicated platform within existing gig economy apps to offer flexible, skill-matched job opportunities specifically for PwDs.
• Features: Include features such as sign language support and AI-assisted task matching. Partner with major gig economy players to scale this initiative.
• Disability-Inclusive Disaster Management System
• Tech-Driven System: Develop a comprehensive disaster management system that addresses the needs of PwDs.
• Features: Implement real-time accessible emergency alerts, GPS-tracked evacuation assistance, and a database of PwDs’ locations and specific needs for first responders.
• Adaptive Sports Technology Hub
• Establish Hub: Set up a national Adaptive Sports Technology Hub to develop advanced assistive technologies for para-athletes.
• Innovations: Focus on AI-powered prosthetics, smart wheelchairs, and VR training systems to enhance para-sports participation and performance.
• Inclusive Digital Governance Platforms
• Redesign Platforms: Redesign e-governance platforms to ensure universal accessibility, including multimodal interfaces (voice, text, video) and compatibility with various assistive technologies.
• Real-Time Interpretation: Provide real-time sign language interpretation for video-based government services.