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D. Y. CHANDRACHUD, J. B. PARDIWALA
Nipun Malhotra – Appellant
Versus
Sony Pictures Films India Private Limited – Respondent
JUDGMENT :
Dhananjaya Y. Chandrachud, CJI.
Contents
| A. FACTUAL BACKGROUND | |
| B. THE HIGH COURT | |
| C. LEGISLATIVE FRAMEWORK | |
| I. The 1991 guidelines | |
| II. Article 19(1)(a) and The Cinematograph Act | |
| D. THE CONTEXT OF SPEECH | |
| I. Disabling imagery: stereotypical portrayal of persons with disabilities in the Media | |
| II. Stereotyping as an anti-thesis to dignity and non-discrimination. | |
| III. The Framework of the RPwD Act, 2016 | |
| IV. International Jurisprudence | |
| 1. Equality and Non-Discrimination | |
| 2. Awareness-raising | |
| V. Indian jurisprudence aligns with the human rights approach | |
| E. SPEECH MUST NOT PREJUDICE THE MARGINALISED AND DISENFRANCHISE THEM FURTHER | |
| F. CAVEAT: DISABILITY HUMOUR V. DISABLING HUMOUR | |
| G. THE PRESENT CASE | |
1. Leave granted.
2. The appellant is the founder of an organisation that promotes awareness about disabilities, conducts policy research and provides education to underprivileged children. The appellant is a person with arthrogryposis and is aggrieved by the manner in which persons with disabilities have been portrayed in the movie titled ‘Aankh Micholi’.
3. Th
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