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Vulnerable section- Differently-abled individuals

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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  • There is a need to shift from the outdated medical model of disability, which views it as a personal tragedy, to the modern social model.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 
      • Preamble: The Preamble seeks to secure social (as also economic and political) justice to all citizens along with equality of status and of opportunity.
      • 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).
  • Legal provisions 
      • The Mental Health Act, 2017
      • The Rehabilitation Council of India Act, 1992
      • Rights of Persons with Disabilities (RPWD) Act, 2016

  • Welfare Schemes 
    • 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
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