Mr. Aru Prakash, Mr. Shashank Deo Sudhi, Mr. S. K. Tanwar, Ms. Sheetal, Advs v. CENTRAL BOARD OF FILM CERTIFICATION AND ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13990/2024 MR. MITHILESH KUMAR YADAV AND ANR .....Petitioners Through: Mr. Aru Prakash, Mr. Shashank Deo Sudhi, Mr. S. K. Tanwar, Ms. Sheetal, Advs. versus CENTRAL BOARD OF FILM CERTIFICATION AND ORS .....Respondents Through: Mr .Varun Mishra, Mr. Chetanya Kapoor and Ms. Shreya Sud, Advs. for R-1 to 3. Mr. Vivek Nagar, GP, UOI/R-2. Mr. Abhishek Malhotra, Sr. Adv., Mr. Kartikey Dutta, Ms. Anukriti Trivedi and Ms. Raghavi Shukla, Advs. for R-4. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 19.05.2025 O R D E R 1. The present petition was initially filed by the petitioners being aggrieved by the issuance of certificate by respondent no. 1 / Central Board of Film Certification (CBFC) to movies namely “Transformers One” and “Devera: Part-1”, allegedly in contravention of the relevant guidelines for accessibility standards issued by the respondent no. 2 / Ministry of Information and Broadcasting. 2. Concededly, the concerned movies, of which reference is made in the present petition, have already been released. As such, the prayer of the petitioner seeking revocation of the certificate (in respect of the said movies) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:39:01 has been rendered infructuous. 3. As far as the grievance of the petitioner in respect of accessibility features to be incorporated in respect of the movies certified by the respondent no. 1 is concerned, attention is drawn to “Guidelines of Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment” issued vide Office Memorandum dated 15.03.2024. The said guidelines contain elaborate provisions with regard to the accessibility features to be incorporated in feature films. The guidelines, inter-alia, contemplate as under: “4. ACCESSIBILITY STANDARDS 4.1 Guidelines for Audio Description: The descriptions must be kept concise enough to fit into the allotted time in order to ensure that they enhance the original piece rather than distract from it. 4.2 Closed and Open Captioning Guidelines: 4.2.1 Accurate: Captions must match the spoken words in the dialogue. In addition, captions should convey background noises and other sounds. It is critical to include the non-speech auditory information also to provide the mood, the context of the scene and dialogue. For example, a door bell ringing or the creak of the door closing. 4.2.2 Synchronized: Captions must coincide with their corresponding spoken words and sounds to the greatest extent possible and must be displayed on the screen at a speed that can be read by viewers. 4.2.3 Complete: Captions must run from the beginning to the end of the programme to the fullest extent possible. 4.2.4 Spelling and grammar: Captions must use accurate spelling. Grammar must follow what is being said on screen. Use of proper grammar must be especially considered when writing non-verbal parts of a captioning text. 4.2.5 Position of captioning: Captions should not block other important visual content on the screen, overlap one another or run off the edge of the video screen. 4.2.6 Case, italics and underlining: Captions must use mixed case. Using all upper caps or all lower caps for captioning text should not be done unless it is critically required for understanding the video. For This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:39:01 signifying emphasis, it is recommended to use italics instead of underlining text. 4.2.7 Color: Captions should appear as white text on a black background. 4.3 Indian Sign Language Guidelines: Indian Sign Language interpretation by Interpreters must be provided in a picture-in-picture mode and it must be accurate, synchronized and convey clear message to the hearing impaired. Where Indian Sign Language Interpretation is provided, it should be in a manner that the viewer can see not only the hands but also the facial expressions of the interpreter. The image of the interpreter superimposed upon the original film should generally appear on the bottom right hand side of the screen. 5. ACCESSIBILITY IN FEATURE FILMS 5.1. Accessibility features in feature films that are certified by the CBFC for public exhibition in cinema halls for commercial purposes shall be provided by the producer of the films. 5.2 The producer would be required to deliver the film for certification to CBFC in the form of a digital cinema package containing all relevant files including the files with accessibility features, viz. audio description, closed captioning / Indian Sign Language Interpretation, at the time of applying for certification of film to the CBFC. 5.3. Cinemas should ensure that feature films being delivered for theatrical releases mandatorily have all relevant files including the files with accessibility features as certified by CBFC. CBFC will henceforth ensure certificate being issued accordingly, for feature films being delivered for theatrical releases. 5.4 The accessible features of the films being displayed in theatres may be deployed by licensees of the cinema theatre by any of the following means: i. Using the following separate equipment in theatres (during the regular show) a. Mirror Captions - Inverted Captions of the movie are played at the back of the cinema. A mirror is provided that can be stored in the cup holder and of the seat, and can be adjusted in a way that enables one to see the captions in that mirror. As the movie is being watched, the Closed Captions (CC) are reflected the right way around in the mirror. b. Closed Captioning Smart Glasses with wires, wherein captions are in display at the bottom of the glasses. c. Closed Caption Stands - A flexible long pole by the side of viewer This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:39:01 that is attached to a small rectangular screen is provided to displays the captions. d. Closed Caption display below the Screen - A separate small screen immediately below the big screen with synchronized projection display of captions/subtitles. e. Headphones/Earphones for Audio Description (AD) – Audio Description is provided through headphones or earphones attached to specific AD-enabled seats. ii. Using Mobile Apps (during the regular show) - The film producers would strive to integrate the CC & AD for the film in any of the suitable software applications, to extend the accessibility feature in any usual screening of the film in the theatres, which the users may download for use on their personal device. iii. Using other technologies: Use of any other technological inputs as supportive/assistive devices and software applications as available in the market. 5.5. To achieve the accessibility in feature films for the persons with hearing or visual disability, the film industry is required to collaborate and work with the organizations for persons with such disabilities. 5.6. The appropriate Government may consider mandatory funding of accessibility features in films financially supported by them. They may also make accessibility features mandatory in films to be eligible in the State awards and film festivals organized or supported by them. 5.7 The appropriate Government may mandate the above accessibility measures through regulations, license conditions, accessibility targets and codes of good practice and other relevant measures.” 4. In terms of the Clause-6 of the said guidelines, an implementation schedule for these guidelines has also been prescribed. The same reads as under: “6. IMPLEMENTATION SCHEDULE 6. 1 The applicants for certification of films for theatrical release shall arrange the access-service for their films as per the following schedule: a. All feature films that are to be certified in more than one language would be required to provide at least one accessibility feature each for the hearing impaired and visually impaired, i.e. CC/QC and AD; within 6 months from the effective date of implementation of these guidelines. b. Feature films submitted for consideration in the National Film Awards and in the Indian Panorama Section of the International This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 20:39:01 Film Festival of India, Goa and other Film Festivals organized by Ministry of Information & Broadcasting shall mandatorily include closed captioning and audio description with effect from 1st January, 2025. c. All other Feature Films being certified through CBFC including the teasers and trailers and meant for theatrical release (digital feature films), would be required to mandatorily provide accessibility features for CC/QC & AD, from 2 years from the date of issue of these guidelines. 6.2 Accessibility through Mobile Apps: The Film producers would strive to integrate the CC/QC & AD for the feature film in any suitable software application to extend the accessibility feature in any usual screening of the film in the theatres, which can be used through the personal device of the user. 6.3 The producer shall prominently display the content descriptor for accessible content on every certified film including in teasers and trailers, for the benefit of viewers. 6.4 The cinema theatres shall provide accessible features as mentioned in para 5.4 within a period of two years of issue of these Guidelines.” 5. The aforesaid guidelines apply prospectively from the date referred to in the above clause, and as such, it is imperative / mandatory for adherence to the above guidelines in respect of all feature films that are released post 14.09.2024. 6. In the aforesaid circumstances, the present petition is disposed of with a direction to the concerned respondent/s to ensure scrupulous adherence to the said guidelines. SACHIN DATTA, J MAY 19, 2025/cl