Rewriting the Script: The Supreme Court Ruling and the Future of Disability Representation in Media

On 8th July 2024, the Supreme Court issued a significant ruling on the portrayal of persons with disabilities in films and other visual media. This ruling was the result of a petition filed by disability rights activist Nipun Malhotra against the 2023 film “Aankh Micholi,” which was criticized for its insensitive representation of individuals with disabilities. The representation of persons with disabilities (PwDs) in Indian media has long been marred by stereotypes and reductive portrayals. Historically, the industry has depicted characters with disabilities either as inspirational heroes overcoming their ‘disability’ or as tragic figures, often reinforcing societal prejudices.

In India, where 2.68 crore individuals, or 2.21% of the population, are officially recognized as having disabilities, the judgment has been a historic one. Global estimates indicate that the actual number of persons with disabilities in India might be closer to 15-16% of the population, but there is significant underreporting — highlighting a pervasive societal and institutional attitude that marginalizes persons with disabilities. 

In this context, it is imperative to acknowledge the role media plays in shaping attitudes in both people and institutions. While discrimination against persons with disability, specifically with regard to visual media representation, is a pervasive issue globally, we must recognise and acknowledge that it remains deeply rooted in individual biases and perceptions. Evidence has consistently shown that the media plays a powerful role in shaping public beliefs and attitudes, making the Supreme Court’s ruling particularly significant. Media and society influence each other, underscoring the need for change.

Box-office hits such as “Golmaal” and “Housefull” have repeatedly portrayed persons with disabilities as sources of comedy, with minimal character development or depth. When not used for comedic relief, characters with disabilities are often depicted as needing to ‘overcome’ their disability to lead a fulfilling life, thereby undervaluing their intrinsic worth. In the 2001 movie “Lagaan,” for instance, Kachrain’s character gains respect only when he uses his disability to become a valuable spinner for the cricket team, perpetuating the harmful notion that one’s value is contingent on overcoming their disability. Studies also confirm that disabilities are frequently portrayed as consequences of ‘karma,’ for comedic effect, or as traits of antagonists, exploiting the challenges faced by individuals with disabilities for entertainment. For instance, the film “Dosti” implied that disability is a consequence of past-life misdeeds, interpreted as karmic retribution, and the 2023 film,  “Aankh Micholi”, which was the subject of the SC’s judgment, used characters with disabilities for comic relief throughout the plot. 

In its most recent ruling, the Supreme Court, therefore, emphasized the need for authentic and respectful depictions of persons with disabilities. It distinguished between “disability humour,” which can foster understanding and empathy, and “disabling humour,” which demeans and marginalizes individuals with disabilities. The ruling further outlined guidelines to ensure that filmmakers avoid stereotypes and caricatures that perpetuate harmful misconceptions. In doing so, it paves the way for more accurate and respectful representation and empowers individuals with disabilities to demand better portrayals in popular media. 

What Can The Media Do for Improved and Authentic Representation of PwDs?

Inclusive hiring practices: By prioritizing actors with disabilities for roles depicting their lived experiences, media production companies can ensure authenticity and enhance opportunities for talented actors who otherwise face significant barriers within the industry.  Authentic representation challenges stereotypes and showcases the diverse and genuine experiences of persons with disabilities. For instance, Thirike (2021), a Malayalam film cast a first-time actor Gopikrishnan, who has been diagnosed with Down syndrome — thereby making the portrayal of the mental health concern in the film more authentic. 

Consultations: Filmmakers and media creators should regularly consult with disability advocacy groups and individuals with disabilities while developing scripts and characters. This approach ensures a more nuanced and empowered representation by integrating characters with disabilities into diverse storylines, rather than reducing them to their disabilities or stereotypes. For example, the 2014 Bollywood film, Margarita with a Straw, captures the protagonist exploring her sexual orientation, where her cerebral palsy is only a part of the plot. Consultations with disability rights activists helped shape this multi-faceted narrative. 

Representation in Regulatory Bodies: Regulatory bodies such as the Central Board of Film Certification (CBFC) could include individuals with disabilities as full-time members, ensuring that the perspectives of persons with disabilities are considered in the certification and evaluation of media content, helping avoid negative stereotypes. Such inclusion is significant, as CBFC guidelines mandate reviewing content to ensure that no harmful material/content needlessly abuses or ridicules individuals with physical or mental disabilities.

By embracing more accurate, respectful, and nuanced portrayals, media can play a pivotal role in promoting acceptance and inclusion, ultimately contributing to a more equitable society.  Changing the stories we tell can challenge entrenched biases and foster a more inclusive world.

Devika Oberai is Analyst, Public Policy and Jayashankar is Senior Officer, Strategy and New Initiatives at Young Leaders for Active Citizenship