New Delhi [India], April 6 : The Delhi High Court on Monday directed the central government to frame guidelines for movie screening in order to make it possible for people with visual and hearing disabilities to enjoy movies.
The High Court passed the direction on plea moved by some people with disability seeking a direction to prepare audio description, close captioning and subtitles in the Hindi language for the OTT (over-the-top) release to make it accessible for persons with hearing and visual impairment.
Justice Prathiba M Singh directed the Ministry of Information and Broadcasting (MIB) to hold a consultation with film producers both in national and regional languages, OTT platforms, Indian broadcasting foundation, News Broadcasters and Digital Association (NBDA), the association of theatre owners, distributors of films and other stakeholders fit necessary for framing the guidelines.
The ministry may frame guidelines in this regard and submit the draft guidelines before the court.
The court has listed the matter now on September 26 for further hearing.
The bench also ordered the Registrar General to consider having an interpreter for High Court proceedings as well.
Information and Broadcasting Ministry may also bear in the draft accessibility standard for television while suggesting the framework of the future guidelines, the high court said.
A status report has been also filed by the MIB.
The bench noted that a perusal of the submissions made and pleadings sought and letter issued by the MIB show that so far obligation by the accessibility.
There is an immediate need for the same, bearing in mind the Rights of Persons with Disability
(RPWD) Act and rules, the bench added.
A perusal of the rules shows that the facilities have been defined in a very broad manner, Justice Singh said.
This court believes that broad stakeholder consultation is required to ensure that the Act as well as the circular is implemented in letter and spirit, the bench opined.
Discussion is to be held in the manner in which provisions of the Act, as well as circular, is to be implemented, the bench said.
Earlier, the Delhi High Court on January 16 directed Yash Raj Films, the producer of the movie 'Pathaan' to prepare audio description, close captioning and subtitles in Hindi language for the OTT release to make it accessible for persons with hearing and visual impairment.
Justice Singh had directed the film producer to prepare an audio description, close captioning and subtitles within two weeks and submit it to the Central Board of Film Certification (CBFC) for a decision on re-certification.
The bench had said, "In the context of films special measures would have to be taken for the hearing and visually impaired persons inasmuch as the experience of watching a film in the movie theatre cannot be denied to such persons."
The bench had impleaded the Indian Broadcasting and Digital Foundation, Film Producers Association and Ministry of Electronics and Information Technology as respondents and sought their response.
This order was passed on a petition seeking a direction to make captions in the movie Pathan accessible for persons with visual and hearing impairments.
The petition was moved by some people with disability (PwD), a law student, advocates and the director of the National Association for Deaf seeking a direction to enforce rights and accessibility requirements for the PwD under the Rights of Persons with Disability Act.
It was submitted that movies released in India are not catering to the needs of the disabled.
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