After considering the case, the Court observed that accessibility is crucial and is enforceable as a legal right and even private parties have to ensure that ‘reasonable accommodation’ measures are taken in order to enable greater accessibility for the hearing and visually impaired persons.
“A hearing or visually impaired person may get easy physical access to a film theatre but may not be able to enjoy the film at all, if measures to make it enjoyable are not taken by the other stakeholders, including producers, theatre managers, OTT platforms, etc. The State has a positive obligation to ensure that all steps, that are reasonably possible, are taken in this direction,” the Bench noted.
It said that the Representation of People with Disabilities Act (RPWD Act) was enacted in 2016 and as per the same, non-provision of accessibility features constitute an offence.
The Court, therefore, passed the directions for time-bound notification of the guidelines and further said that the petitioners or any other stakeholder can avail any remedies once the guidelines come into force.
Justice Singh also recorded the Court’s commendation for the sign language interpreters who were present for the hearing and explained the proceedings to the hearing-impaired people.
Source: Barandbench
