The bimonthly of the Supreme Court: 15 important judgments

15.

Case title: Ashutosh Kumar v. The Film and Television Institute of India and Another [Civil Appeal 7719 of 2021]

A judges division bench Sanjay Kishan Kaul and MM Sundresh recently realized the Film & Television Institute of India (FTII) to ensure that its programs and admissions are open to all, including applicants with special disabilities and those who are color blind.

The Court was of the view that in such cases where reasonable accommodation is sought, the heart may prevail over the mind.

The Supreme Court, in its order, observed that,

Art is non-conformist and does not fit into any box. It is this process of reflection that made us pass the decree dealing with the aspect of color blindness.”

The Chamber noted that, according to the FTII Prospectus, in certain specialized courses, the visually impaired cannot be admitted, although it does not explicitly prohibit the admission of specially handicapped persons to take courses there.

Expressing its agreement with the views and report of a committee appointed in this regard pursuant to previous orders of the Supreme Court in the case, the House ruled,

The committee is of the opinion that people with color blindness should be able to enroll in all FTII courses. The reasons being that film and television creations are collaborative art forms. Restrict can stifle creative talent, art development. Any limitation can be overcome with help. It is not for FTII to determine the future professional prospects of candidates. An editor’s job is not mechanical, they have to work creatively with the story, dialogue, music and performance and even rewrite the film. He is of the opinion that there is no relevance in coloring course because an expert can make up the shortfall.

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