Supreme Court- FTII should make reasonable accommodation in their curriculum for candidates with colour blindness in all courses.

Court: Supreme Court of India 

Bench: Hon'ble Mr. Justice Sanjay Kishan Kaul, Hon'ble Mr. Justice MM Sunresh.

Case No: Civil Appeal No. 7719 of 2021

Case Title: Ashutosh Kumar Vs. The Film and Television  Institute of India & Anr. 

Date of Judgement: 12 April 2022

Brief:

Films and Television Institute of India - Majority view of the Committee appointed by SC accepted - Individuals with color blindness should be permitted to enroll for ALL courses offered by FTII. There should be no bar to admissions to the FTII for colorblind individuals - FTII should make reasonable accommodation in their curriculum for candidates with color blindness, in all courses where there is a bar to the admission of colorblind individuals. (Para 26-35)

A Supreme Court bench directed the Film and Television Institute of India(FTII) to allow color blind candidates to take admission in all its courses. Court further mooted a proposal to make subjects that may not inclusive for such students to be made optional.

In December 2021, Ashutosh Kumar, a 35-year-old man approached the Supreme Court after being barred by the institute because he is color blind. The institute had put forth the logic that he may not be able to pass in certain subjects.

then directed the creation of a panel of experts comprising 

The top court had, instead of taking a call itself on whether colour blindness would be an aspect which would be an impediment in going through the course, it formed a committee of experts consisting of  an ophthalmologist, a film director, a film editor, a script supervisor, a head of the department from FTII, and a lawyer to analyze whether students with color blindness can be allowed to pursue a course in FTII,  to look into the issue and to facilitate a more comprehensive exercise by the Committee to opine on the aspect of colour blindness qua all the courses for which it is perceived as a disqualification. The court framed the two issues on which the opinion of the members was sought as under: 

“i. Whether the course curriculum provided for diploma in Editing can be successfully completed by the appellant who suffers from color blindness? 

Committee’s recommendations: The appellant Mr. Ashutosh Kumar who has Red and Green color vision deficiency and has color perception of CP4, as per the AIIMS Medical Board report, will have difficulty in completing the existing course curriculum of the diploma in Film and Editing course offered by the FTII. This is more particularly due to a twenty-minute ‘color grading module’ which is part of the Film Editing curriculum. However, the color grading module has no relevance to either the film editing course or to the film editor’s professional role (Mr. K. Rajasekaran, HoD Editing, FTII, does not agree that the color grading module is irrelevant to the film editing course). 

ii. To facilitate a more comprehensive exercise, the role of the committee would be to opine on the aspect of color blindness qua all the courses for which it is perceived as a disqualification.”

Committee’s recommendation: It is the opinion of the committee that :

i. It is recommended that individuals with color blindness should be permitted to enroll for ALL courses offered by FTII. There should be no bar to admissions to the FTII for colorblind individuals. Any limitation can be overcome by an assistant in educational and professional life.

ii. FTII should make reasonable accommodation in their curriculum for candidates with color blindness, in all courses where there is a bar to the admission of colorblind individuals. For example, by providing elective/optional modules in the curriculum for those core credits which may require intensive color appreciation or in any other way. 

iii. The color grading module in the existing Diploma in Film Editing Course curriculum, should either be excluded or made elective, thereby lifting the bar of admissions for individuals with color blindness.” 

Court analyzed the report filed by the panel of experts, all of whom except one had recommended that FTII should admit students with color blindness as stressing that “filmmaking is a collaborative art and shortfalls can be addressed by having assistance while making the film.”

In particular, the committee expressed that individuals with colour blindness should be permitted to enroll for all courses offered by the FTII with the following reasoning:-

(a) Film and television creations are collaborative art forms. Restricting entry of colour blind candidates to film courses may sacrifice creative talent and stultify the development of the art. Inclusivity enriches this creative art form by introducing variety, any limitation can be overcome by assistance in the educational and professional life. 

(b) It is not the role of FTII to decide for candidates their future prospects as a film/television professional. If learning limitation of the candidate can be overcome by making reasonable accommodation or with the help of an assistant, the candidate should be eligible for admission to courses offered by FTII. 

(c) Film editing is the art, technique and practice of assembling shots into a coherent sequence and the job of an Editor is not simply to mechanically put piece of a film together, cut off film slates or edit dialogue scenes. The Film Editor must creatively work with the layers of images, story, dialogue, music, pacing as well as the actors performances to effectively “reimagine” and even re-write the film to craft a cohesive whole.

Court while agreeing with their view noted that “We find ourselves with majority view of committee. Same to be adopted by FTII in its curriculum. It does not impede on their freedom but gives them a broader canvas in pioneering effort.”

Court further noted that FTII as a premier institute can put reasonable accommodation like other global institutes from whom the panel of experts sought an opinion.

it was subitted that applicant was not permitted to take up the course despite having completed six months of the course. He submitted that though he is willing to waive the first six months and start afresh again he should not have to go through the admission process again after a medical officer had cleared his eye examination.

Furthermore, counsel for the FTII submitted that it would be a difficult task to modify the entire course as the field is of technical nature and in some courses visually impaired are specifically limited from being able to pursue it.

Court on hearing the submission granted two weeks time for the institute to file its reply on this aspect and adjourned the matter to May 10. Sussequently the FTTI agreed to keep an additiona seat and grant admission to the petitioner in the session starting in March 2023 as prayed.

Access the judgement below:

Madras HC | M. Sameeha Barvin Vs. Govt. of India (Min. of Youth and Sports)

Court:         Madras High Court

Bench:         Justice R Mahadevan

Case Title:  M. Sameeha Barvin Vs.  Govt. of India (Min. of Youth and Sports) and Four Others

Case No.      Writ Petition No. 16953 of 2021

Date of Judgement : 20 December  2021

-----------

Brief Case

“Disabled women struggle with both the oppression of being women in male dominated societies and the oppression of being disabled in societies dominated by the able-bodied”  - Susan Wendell

This explains the tribulations faced by the petitioner, who finds it impossible to speak or listen, but able to achieve gold and silver medals in long jump and high jump at the State and National levels, having been denied the opportunity of participation in the Fourth World Deaf Athletics Championship, 2021, held at Lublin, Poland and being able to participate in the same only on the strength of the interim order dated 13.08.2021, on knocking the doors of this Court.

The 18-year-old M. Sameeha Barvin had moved the court alleging gender discrimination after AISCD refused to select her despite a good performance in the trials. In her petition, Sameeha said that of the 12 athletes who had participated, 10 were men and two women and she had finished first in the latter category. On seeking to know why she wasn’t selected, it was disclosed that the selection authorities were against sending a lone female member to the event. The athlete, who has 90 per cent hearing impairment, said this amounts to gender discrimination.

Justice R Mahadevan who investigated the issue said Sameeha’s effort can’t be ignored. “Even going by the past records of the petitioner, she had won 11 gold medals, one silver and one bronze in various state and national events. This achievement of the petitioner cannot be simply brushed aside,” he said. Furthermore, he stated that no female athletes were selected, and Barwin deserves to take part in the championship. 

“Admittedly, out of the five selected athletes, none of the female athlete were selected. In the female category, it was the petitioner who stood first and therefore, in all fairness, the petitioner ought to have been selected by the respondents so that she could bring laurels to the country by participating in the 4th World Deaf Athletics Championship,” the court said.

Interim order: 

The Madras High Court single bench had earlier issued an interim order directing the All India Sports Council of the Deaf (AISCD) to permit 18-year-old athlete Sameeha Barwin to participate in the World Deaf Athletics Championship to be held at Lublin, Poland from August 23-28,2021. The representative of the Ministry of Youth and Sports had said the ministry will abide by the court’s decision. 

The Final Order:

After the detailed analysis and findings, the Court  reached the conclusion that this was a case of discrimination based on the gender as well as the disability, due to which, the petitioner  faced several difficulties and barriers to participate in the international event. The State and Central Governments, being the competent authorities to provide and ensure support and safety to the sports women with disabilities, so as to inspire their confidence freely and take part actively in the events at all levels, have failed to do the same in an appropriate manner. 

Therefore, in exercise of the power  conferred under Article 226 of the Constitution of India, to render substantial justice, this court issues the following directions to the respondent authorities for the purpose of streamlining the policy qua woman athletes with disabilities, in consultation with experts, so as to enable them to participate in all the events at State, National and International levels, with equality and dignity:

(i)    to prevent or prohibit unfair discrimination against the women athletes with disabilities, on one or more grounds including race, gender, sex, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

(ii)    to provide adequate financial assistance and all other requisites to the women athletes with disabilities, so as to participate in all the events.

(iii)    to follow proper selection process, so as to enable the meritorious candidates to participate in the events.

(iv)    To provide necessary training and free medical facilities to all the women athletes with disabilities, who achieve meritorious level in the respective sports for participation in all the international games.

(v)    to provide all possible means to entertain women athletes with disabilities to utilise their fullest potentials and capabilities so as to achieve success in all the events.

(vi)    to provide all the disabled friendly materials, clothes, prosthetics and other accessories that may be required by the women athletes with disabilities in day today affairs, with incentives so as to encourage and nurture their excellence in the respective sports and to participate in the events at all levels.

(vii)    to extend the financial assistance to one of the family members, who accompany the disabled female athletes to participate in the international games. 

(viii)    To give effect to the principle of reasonable accommodation by providing all assistance that are required / requested by the females athletes with disabilities so as to enable them to participate in the international games, on par with males.

(ix)    to ensure safety and security of the female athletes with disabilities during their travel, irrespective of number of participants, so as to inspire their confidence freely and take part actively in the events at all levels.

(x )    to sensitize the male counter parts and inculcate the sense of equality in their mind, so as to maintain safe environment for women athletes at all levels.

(xi)    to reward all the disabled women participants in the international games, irrespective of their achievements or otherwise.

(xii)    Must ensure that all the women athletes whether with or without disabilities, be given equal treatment on par with males, so as to enjoy full and equal rights and freedoms and to maintain their dignity.

Read the Court Order embedded below: