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Time of India
19 hours ago
- Politics
- Time of India
Data gaps throttle disability inclusion in India's justice system, say experts
Bengaluru: Nearly a decade after the landmark Rights of Persons with Disabilities (RPwD) Act came into being, India's justice system remains largely inaccessible to persons with disabilities (PwDs) due to a glaring lack of data and implementation, according to a new report. Tired of too many ads? go ad free now The study by Pacta, a social sector law firm, lays bare the chronic data vacuum that undercuts any progress on inclusive justice. Titled "Access to Justice for Persons with Disabilities in India", the study examines four pillars of the justice system — police, prisons, judiciary, and legal aid — against four indicators: Accessible infrastructure, representation, service use, and systemic response. The result? An indictment of invisibility. Experts at panel discussions pointed out that despite laws mandating inclusion, disability rights in the judiciary system remain largely unaddressed on the ground, with courts across the country — including in Karnataka — falling short on basic accessibility. Most court complexes lack proper ramps, lifts or accessible toilets, and there is no publicly available data on the status of such infrastructure. Reasonable accommodations like sign language interpreters or assistive devices are provided only in isolated instances, with no formal or consistent system to ensure access, experts said. Jayna Kothari, founder, Centre for Law & Public Policy Research (CLPR) and HC advocate, said, "It's a huge uphill battle to make courts, judges and even lawyers understand that accessibility and reasonable accommodation are not favours or charitable acts — they are legal entitlements under the RPwD Act and the Constitution." Experts pointed out that the judiciary lacks disability-disaggregated data, making it impossible to assess how many judges, court staff or litigants with disabilities are part of the system. Experts said inadequate sensitisation among judges, registry officials and lawyers, coupled with inaccessible digital platforms and absence of grievance mechanisms, continue to deny persons with disabilities equal access to justice. Nivedita Krishna, founder of Pacta, said it was high time the govt introduced a clear, comprehensive policy that addressed these long-standing gaps.
The Hindu
a day ago
- The Hindu
Report highlights critical data gap on persons with disabilities in Indian justice system
A new study by Pacta, a Bengaluru-based law and policy think tank, has flagged a near-total absence of data on persons with disabilities in the justice system in India. Across police, prisons, judicial, and legal aid systems, disability-disaggregated data is missing or inconsistent, making accountability and reform difficult. Poor implementation Titled 'Access to Justice for Persons with Disabilities in India: A Data-Informed Report', the report notes how the justice system, despite some progressive mandates, remains largely inaccessible to persons with disabilities due to the absence of reliable data and poor institutional implementation. 'The United Nations Convention on Rights of Persons with Disabilities (UNCRPD, 2008) provides a clear mandate for inclusion of persons with disabilities and maintaining disaggregated disability data. The Rights of Persons with Disabilities Act (RPwD Act 2016) also reflects the same to some extent,' it reads. Fragmented and disparate However, the implementation of national mandates at the level of States is fragmented and practices remain disparate, it notes. According to the report, persons with disabilities are largely absent from justice sector jobs, with mandated employment quotas not being effectively implemented. The justice system also lacks the capacity to serve the needs of people with disabilities. 'For example, the NCRB Prisons Statistics Report of 2022 reveals a total of 69 sanctioned positions (58 for states and 11 for UTs) and 25 filled positions for psychologists/psychiatrists (21 for states and four for UTs) across State and UT prisons accounting for only 36.23% of the required strength,' it points out. Inaccessible infra The report also stresses on the inaccessible infrastructure, with many courts, police stations, and prisons remaining physically and digitally inaccessible, and even hostile for persons with disabilities despite legal mandates. 'Disability sensitisation in capacity building programmes for police, prison staff, judges and legal aid staff is lacking and insufficient. Efforts like Accessibility Committees exist in some High Courts, but the practise of appointing Accessibility Committees have not percolated to lower courts,' it finds out. While persons with disabilities are entitled to free legal services, they face barriers due to limited outreach, accommodations, and staff training. 'In 2023-24, persons with disabilities who accessed legal aid services at various levels was a mere 0.29% of the overall number of persons who accessed it,' reads the study. Call for action Some of the action points suggested by the report include mandatory disability-disaggregated data in the justice system, public accessibility audits, transparent reporting of reasonable accommodations, and integration of disability rights into training curricula for police, judiciary, and legal aid actors. 'Over 26 million persons with disabilities in India continue to be excluded from the justice system. A relentless focus on disability inclusion through awareness, enforcement of reservation policies, infrastructure accessibility, and comprehensive data collection is needed to realise full inclusion of persons with disabilities in the justice system,' said Nivedita Krishna, founder, Pacta.
