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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.
