Stereotypes, dignity and artistic freedom: Nipun Malhotra v. Sony Pictures ’ contribution to India’s anti-stereotyping jurisprudence

This note examines the Supreme Court of India’s approach to the use of stereotypes within the constitutional rights framework in Nipun Malhotra v. Sony Pictures Films India Private Limited . This case involved a challenge to a film for allegedly portraying persons with disabilities in a derogatory and stereotypical manner. The Court clarified that artistic freedom does not extend to stereotypical portrayals that merely reinforce prejudice and undermine the dignity of persons with disabilities. However, it also recognised that depictions which may appear stereotypical but are justified by the film’s overall message could be constitutionally permissible. This note argues that Nipun Malhotra advances India’s anti-stereotyping jurisprudence in three ways: by grounding constitutional protection against stereotypes in the right to dignity, by emphasising a context-sensitive inquiry into their effects, and by offering a framework for assessing their constitutional permissibility through a balancing of competing interests. However, although the Court established a framework for navigating these issues, it did not apply it to the facts of the case, as the appellant did not dispute the film’s overall message.