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Vulnerable section- Differently-abled individuals
Context: The Supreme Court has issued guidelines to prevent discrimination of differently-abled individuals in visual media and films.
Need for the Guidelines:
- Visual media and films often stereotype differently-abled persons, perpetuating discrimination.
- Stigmatisation and discrimination profoundly impact the dignity and identity of persons with disabilities.
- There is a need to shift from the outdated medical model of disability, which views it as a personal tragedy, to the modern social model.
- The social model attributes stereotypes and mockery due to a “lack of familiarity” with disabilities.
About the guidelines:
- Creators should provide accurate representations of disabilities, avoiding mockery and myths.
- Terms like “cripple” and “spastic” stigmatize disabled persons and should be avoided.
- Discourse should be inclusive, not alienating.
- Creators of films and visual media should aim for accurate representations of medical conditions to prevent misinformation.
- Visual media should depict the diverse realities of persons with disabilities, highlighting both challenges and successes.
- Authorities should involve persons with disabilities as key stakeholders on statutory committees, especially under the Cinematograph Rules, to protect their rights.
Way forward
- The court noted that not all speech that entrenches stereotypes violates individual dignity; context, intention, and overall meaning must be considered.
- Chief Justice Chandrachud distinguished between “disabling humour” and “disability humour” to support accurate and respectful representation.
- The United Nations Convention on the Rights of Persons with Disabilities requires authorities to take in the “lived experiences’ ‘ of the group concerned.
Disability
- The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines “Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments.
- Which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others“.
- There were around 26.8 million persons with disabilities, constituting 2.21% of India’s total population (2011 Census).
- At an all India level, 34% of the total disabled population is reported as ‘workers’.
Safeguards for disabled persons
- Constitutional safeguards
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- Preamble: The Preamble seeks to secure social (as also economic and political) justice to all citizens along with equality of status and of opportunity.
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- Article 41: The State must secure the right to work, education, and public assistance within its economic capacity, addressing unemployment, old age, sickness, disablement, and undeserved want.
- Article 46: The State must promote the educational and economic interests of weaker sections and protect them from social injustice and exploitation.
- Eleventh Schedule (Article 243-G): Social welfare, including for the handicapped and mentally retarded (Entry 26).
- Twelfth Schedule (Article 243-W): Safeguarding interests of weaker sections, including the handicapped and mentally retarded (Entry 09).
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- Legal provisions
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- The Mental Health Act, 2017
- The Rehabilitation Council of India Act, 1992
- Rights of Persons with Disabilities (RPWD) Act, 2016
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- Welfare Schemes
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- Accessible India Campaign:based on the principles of the Social Model of Disability, which means disability is caused by the way society is organised and not by the person’s limitations and impairments.
- Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP):
- Deendayal Disabled Rehabilitation Scheme (DDRS):NGOs are provided with financial assistance for running their projects for the rehabilitation of persons with disability.
- The National Policy For Persons with Disabilities, 2006