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
Edgar Kaiser
Published on: 30 April 2025, 11:50 am
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.
Police insensitivity: A barrier for disabilities
The police station is typically the first place any citizen turns to when faced with a problem, expecting the police to receive complaints and take immediate action. However, for PWDs, the response from police officials is often indifferent, exacerbating the challenges they already face due to physical and infrastructural deficiencies. Most police stations in India lack basic amenities for PWDs, such as proper ramps, wheelchairs, or even a "May I help you" desk, despite recommendations and guidelines from the Government.
Disability Rights Activist Swarnalatha has made significant strides in improving accessibility for PWDs at local police stations. Her project, "Sugamya" has made all police stations in Coimbatore disabled-friendly by constructing ramps, wheelchairs, and posters with contact information for sign language interpreters and special educators. This project went an extra mile by converting the FIRs and CSR copies into audio files, thus making police documents accessible to visually challenged persons.
