The gaping flaws in India’s long march to disability justice

On the ground, the interactions of people with disabilities with courts, policing and prison infrastructures and the fundamental lack of will to effectively implement the RPWD Act, show that reframing access to justice as a disability issue will require serious, concerted efforts

WHILE IT WOULD NOT BE FAIR to claim that no progress has been made in enabling greater access to people with disabilities (‘PWDs’) in India, much remains lacking in terms of the access to the criminal justice framework, particularly when compared to other vulnerable groups . Initiatives aimed at supporting PWDs, from laws and policies to justice mechanisms and dedicated welfare institutions, are often undermined by deep-seated prejudices and infrastructural inadequacies. These shortcomings create significant obstacles that complicate the daily lives of PWDs on multiple fronts. Access to services and justice for PWDs can be categorised into physical access, process access, and product access. Physical access refers to the barriers that disabled individuals face when trying to enter government buildings, obtain documents, or communicate effectively with officials. This exacerbates process access, as the various stages of the justice process remain insensitive, poorly equipped, and ill-suited to accommodate the needs of PWDs. As a result, the ultimate product -  justice - becomes elusive, further deepening the hardships PWDs have endured for generations. When considering access to justice, the primary institutions involved are the police, the judiciary, prisons, and other organisations tasked with protecting the rights of PWDs.

........................................................................