Despite there are many legislative efforts and judicial creativity pertaining
to the upliftment, development, and inclusion of differently abled persons.
There are many social welfare legislation's to secure and protect the rights of
the said community. Even judiciary from time to time came ahead with multiple
pronouncements with judicial creativity to be noticed. It is evident that there
is urgent need to amend laws on the protection of rights of differently abled
persons with the consonance of Convention on Rights of persons with
Nobody wants to focus on disabilities because they think it's a bad thing. I
don't think that it's a bad thing. People should learn to treat them in a better
way, they have to treat disabled persons like if their disabilities never
exists. Don't make their disability as a part of their identity instead treat
them like normal human beings.
Don't be too emotional in front of them like oh my god how poor you are! how do
you manage your daily activities. Instead you can be very sporting like oh my
god you are so talented I can't manage my thing properly but you does, you are
amazing. That is the attitude you need to develop in the society. Moreover they
are the part of society itself.
One should always encourages to such people and never pity on them. They are
lucky as they are still alive. There is some purpose behind their existence as
god does everything for a good reason, so just try to make their lives whole and
accept as the way they are, all they want and need is acceptance. Don't offer
your help, unless they ask for it, undoubtedly this is a kind gesture, but it
will remind them that they can't do things alone.
They know their abilities very well or better than others, help them to overcome
their shortcomings instead don't point out their drawbacks or limitation. One
should have to understand that if they need help they will just ask for it,
sometimes these kind of small things may cause a big loss. So it's better to let
them do their things on their own, let them lead a independent and along with
this take care of their feelings and emotions.
Hence the researcher finds number of ambiguities in the present legislation.
However time to time judiciary through purposeful interpretation of the Act,
made it more operational. Therefore this is the only reason why the role of
judiciary is considerably a crucial one. In the absence of a strong legislation
protecting all the rights of the disabled community, judicial interpretation
played a remarkable role in ensuring full participation and inclusion in the
society, but still an effective legislation is lacking.
In the present act there were provisions to provide justice, accessibility,
education, employment and inter Alia it talked about the inclusion of disabled
person in the society. Although all of these rights are available but still
there is no proper implementation of the provisions as state is also not bound
to provide these facilities as the economic condition of state is always act as
the defence for not providing or abiding the provision.
The scope of non-discrimination is limited to the accessibility of public
facilities and does not extend to private facilities. Moreover providing of
barriers free environment it only includes public transport, roads, public
buildings etc, it does not cover other facilities like cinema, theatres,
Disability is basically a human right issue and the differently abled
persons are human beings with the same rights duties and privileges as the
non-disabled population. The government both at the Centre and the state levels
are serious about the commitments to the persons with disabilities, but the need
is to turn the law and policies into effective execution and services on the
Efforts will fall short unless government involves disabled persons itself in
the process of strengthening the implementation process. Hence equality and
non-discrimination although are the strong pillars on which human rights are
built, and the government have to secure better quality as well as
non-discrimination of the persons with disabilities. Differently abled person
should given power of accessibility. Since 1950s in India there was a remarkable
shift in social prospection to words disabled person.
In criminal justice system specially in India where persons have a wide range of
liberties and freedom. Disabled victims are often not given Right of actively
participation in Proceedings. Despite this fact victim play a vital
role in whole procedure of prosecution. Similarly differently abled persons
played a vital role either as accused, victim or witness. Criminal justice
reform is happening all across the country, therefore it is the time to engage
reforms related to differently abled persons as victims, perpetrators and
Despite of the enactment of the PWD Act, in the year 2016 which replace the Act
of 1995. Unfortunately, it is still remain silent and unimplemented in many
perspectives, nevertheless it covers each and every drawbacks and shortcomings
which exists in the previous legislation. Moreover it increase the number of
disabilities from 7 to 21. The situation of persons with disabilities in the
country remain marginalized and living in isolation and social exclusion. Being
a signatory to the core Convention on Disability, India has initiated
appropriate measures to bring reform in the existing disability laws including
the PWD Act.
There are multiple types of disabilities, like person with intellectual
disability are not eligible to serve in judicial services for obvious reasons as
they are not able to make reasonable understanding to judge a matter. Although
persons with deafness, blindness, dwarfism, locomotor Disabilities may be
eligible to be a judge. There are few number of examples set for others disabled
persons that even they are disabled though they can be able to do many things
independently and serve his country.
Researcher through analysing the subject matter, came to the conclusion that
person suffering from blindness, deaf-ness, or unable to speak or person with
more than 40% Disability) are not eligible to be a judicial Officer. As in many
times in a case visual evidence is seems to be a deciding factor of the case.
Together with psychological face reading is also considered as an essential part
in criminal proceedings. Disabled persons suffering with these specific
disabilities can never heard the case effectively.
Being a judge person has to make co-ordination between all his senses (eyes, ear
and mouth). Nevertheless rest of the persons with disability is like locomotor
disability, dwarfism are eligible to serve in judicial services. Although Indian
Judiciary set a limit of 40% to 50% Disability for the eligibility criteria for
the post of Civil Judge.
Suggestions for pertaining to the role of differently abled persons in criminal
justice system. Hence, the researcher on the basis of the research objectives,
research findings and interpretation proposed the following suggestions for
economic social and legal development of disabled persons.
- Criminal justice system should focus on the rehabilitation of
differently abled persons as there should be a counselling sessions of
victims. Victims want to feel safe in their community and want assurance
that offender will be punished for their bad deeds.
- The advocates who represent a disabled victim before the court must
require some special skills, in order to do complete justice. So in
pursuance of this there shall be a special educational qualification and
courses to represent disabled persons before court. Any volunteer vigilant
lawyer who is sensitised towards disabled have to do a diploma course after
that only he will be eligible to do complete justice in the whole process of
- Government should introduce a special post for the interpreter alike
public prosecutor. Interpreter is a very important person in a trial of an
offence against disabled so keeping this in mind there should be a special
court which have power to trial the offences with the help of a government
interpreter, public prosecutor and defence counsel.
- There is a need to raise awareness amongst the law-enforcement agencies
that there are ways in which they can be facilitates disabled to give best
evidence. They just need to be aware about the technologies and set free
from attitudinal barrier with respect to disabled persons.
- Testimony given by a disabled victim this should be considered as
relevant and even admissible. They are the sole sufferer in the whole case
and they can explain the facts that no other person can
explain. They can give minute details to the prosecution which can be proved
to be a deciding factor of the case.
- The court premises should be Disabled friendly especially for physical
disability and visual and hearing impairment. In the court premises there
should be a headphones with GPS which can help a blind person to reach the
court room easily. Proper accessibility of assistive mobility aids like
wheel chairs, walkers and crutches.
- Indian penal code also need to be amended with respect to disabled
persons. Hence there should be a separate category of Offences states
“Offences Against Disabled Persons”. This will help to reduce the
victimisation at a lower level.
- Apart from this old age persons should also Include in the definition of
disabled persons under the Act. Hence due to their ageing they are not able
to do several things without hue and cry.
- Disabled persons should be designated as differently abled persons,
instead they are like normal beings and should be called as differently
abled persons. This thought tells that those people can do all day to day
activity, it's just the way they do it is different. Therefore the
legislation should use the term differently abled persons instead of
disabled persons. Although calling disabled persons as differently abled
persons will not help as in practical situation. Still it create a open
attitude of once in the society towards disabled.
- Mobility constraint is considerably a serious impediment for disabled
persons as one side we talk about inclusion and the development and on the
other side there is no accessibility in public places. To break this cycle
there should be a separate lane for disabled persons.
- Improvement in mobility will give them a right to job, roaming in
markets, etc. There should be proper pathway for the disabled persons in
public place, so that those people can easily move from one place to
another easily and conveniently.
- There should be translations of the prayer devoted should be translated
on a screen for persons with hearing impairment. This will help him to
introspect and to develop mentally. Hence mental development is must to do
well in employment.
- As the population of differently abled persons are much more than 4% is
not sufficient to meet the upliftment and development of the community.
Reservation should be increased from 4% to 10%.
- Differently abled persons who are working in government services, Should
be available some special medicalbenefits in all government hospitals
weather interstate or intrastate.
- Differently abled persons should be available on special medical
treatments at very less amount so that they can overcome their disability,
develop and lead a happy life.
- They should be provided free and affordable healthcare services within
rural area as well together with their should be provided free transport to
- In the disability certificate and the duration of validity of the
certificate must be mention. Hence no one can take due advantage of fake
- Differently abled persons have limited opportunities to socialise and
even they don't have any other playful activities like playing cards,
watching TV. The present act talks about social inclusion But it lacks in
the aspect of equal opportunities in playful activities and socialising with
- The act should be made available to differently abled persons to make
them aware about their rights in their regional language at each primary
healthcare Centre to bring awareness. The information should include
redressal forum government policies and programme.
- There should be a political target of every party to perform obligations
to make the life easy for differently abled persons. Political parties
should clearly spell out their obligations towards differently abled persons
and plus it should be available in accessible formats to those persons as
- The government should frame some policies to include braille ballot
system Only for visually impaired persons to secure their privacy in
elections. Modification should be introduced to capacitate differently abled
persons to exercise their right to vote and stand in elections.
- All police stations should be accessible to differently abled persons
and the necessary equipments arrangements or support system should be made
available to the person while recording their FIR.
- The issue of disability cannot be seen in isolation therefore it needs
to include the subject of disability in all ministries such as Ministry of
human right development, Ministry of home affairs, Ministry of sports and
youth affairs etc. there is a need to generate coordination between
different ministries to address the issue of disability efficiently and
- To ensure speedy and accessible justice mobile courts should be set up
which can reach maximum persons with disability is in the inferior part of
- In order to promote higher education of differently abled persons the
government should provide assistance or other technology and devices at free
of cost to make them learn process easily.
- To develop a disabled friendly infrastructure, universities must
introduced new courses for architects and engineers to develop designs for
differently abled persons for improving mobility and accessibility in
- The present act does not cover recreational facilities and services like
hotels cinema theatres restaurants, hence there should be a proper
definition of accessibility given by the legislature to include all the on
identified facilities in consonance with UN convention on rights of persons
- The duty of state to make buildings accessible for disabled persons is
within their economic capacity therefor this makes the provision as an
unforeseeable and state can make an excuse of lack of resources do not
comply with the accessibility guidelines. Hence there should be mandatory
provision so that non-compliance with the provision can call for legal
- There should be clear official accountability in case of any failure to
maintain or comply with the standards of Disabled friendly infrastructure
and set by the government. The scope of accessibility should not limit only
to access of public buildings or public places but should also include the
private entities. It paved the way for disabled persons to make their career
in private institutions.
Written By: Ms.Kriti Kumari Aggarwal
Authentication No: AG023179131125-18-820