INTRODUCTION
Access to justice is a basic right for everyone. This concept is integral to the rule of law and domestic governance. Perhaps, there should not be any impediment in providing justice to people with disabilities. It is a fundamental right that needs to be protected and delivered efficiently. However, indeed, navigating justice often presents barriers. Physical, sensory, cognitive, and intellectual impairments hinder individuals with disabilities’ ability to understand and benefit from legal processes. A proper legal framework should exist for differently-abled people to access it. Without providing them equal justice, then repercussions could be there leading to social or physical abuse, and exploitation, ultimately making voices remain unheard.
In addressing the challenges, it is important to maintain a multi-faceted approach that focuses on legislative reforms or policy initiatives. This includes revising the laws and providing training programs for legal professionals to increase awareness and sensitivity towards disability issues.
LEGAL FRAMEWORK FOR THE RIGHTS OF INDIVIDUALS WITH DISABILITIES
The legal framework is designed to procure and establish various laws for people with disabilities. So that they can enjoy human rights and fundamental freedoms. Multiple laws, policies, and conventions in India as well as all over the world are implemented.
In India, article 39A devises various principles to secure rights and provide legal aid to individuals with disabilities.[1] The state must promote justice based on equal opportunity and other policies. Legal assistance is provided without denial based on economic issues or disabilities.
Now, a more conceptual understanding of the rights of differently-abled people is being taken care of, and it has become clearer and more concise in handling the issues worldwide. Stereotypes and problems related to disabilities have also changed thanks to the organisations that promote awareness.[2]
United Nations General Assembly adopted its convention on the rights of persons with disabilities on the 13th day of December 2006. United Nations Convention on the Rights of Persons with Disabilities (CRPD) is a landmark treaty that outlines the rights of differently-abled individuals. It states obligations that the state needs to promote, protect, and ensure these rights.[3] Key laws like:
1) Equality and non-discrimination: Equal treatment should be provided to disabled people. The state should ensure that they have access to all the rights and opportunities.
2)Accessibility: The state must ensure that they are given access to public transport, communications, and physical environments.
3) Access to justice: The state must provide equal access to people with disabilities including participation in legal proceedings.[4]
The convention stipulates Article 13 which states that the state must ensure effective access to justice for people with disabilities. Including involving them in roles like direct and indirect participants, including as witnesses, in all legal proceedings. And also include them in the investigation or prior stages if necessary.[5]
The Rights of Persons with disabilities act 2016 is a landmark legislation in India, which promotes and protects the rights of individuals with disabilities. The act aligns with principles of the United Nations Convention Rights of Persons with Disabilities, which India ratified in 2007. It broadens the definition of disability to include 21 conditions, with reservations about jobs and educational opportunities for people with disabilities. The act also establishes the National Commission for Persons with Disabilities to monitor its implementation. Ensuring people with disabilities enjoy equal rights and live there with dignity in all spheres of life.[6]
THE VITAL ROLE OF EDUCATION IN SHAPING FUTURE
It is said that Education is the most powerful weapon which you can use to change the world. It is vital for personal, social, and economic development. The positive experience in primary and secondary school makes the person’s ability to learn more enthusiastically and grasp the knowledge in post-secondary education. It gives the individual great opportunities to excel in getting good jobs. School is the place where students first interact with government institutions. And if there is a good start for a student. It helps him to grow in a more optimistic environment. In the long run, making him respect the cultures, elders, or disabled people, and treat everyone equally without stereotyping. But when there is a wrong start, the student may find that the government does not act in good interests and that they only fight for power and status. Leading them to mistrust, suspicion, and mistreatment of disabled individuals. Later participate with other evil people in excluding or alienating people with disabilities from society.[7]
Students with disabilities must be educated. So that they can shine and achieve their dream careers. It is always noticed how people with disabilities have special talents that make them survive and achieve great steps in their lives. The state should take the responsibility of educating children with disabilities to avoid discrimination, and protection of equal treatment and services should be provided. Many come from poverty-stricken places, government should help people with disabilities financially and socially. They are not a burden to the economy but an asset. If the state provides them basic needs they can create wonders.
CHALLENGING STEREOTYPES ABOUT PEOPLE WITH DISABILITIES
Disabilities are often portrayed as in negative life and earlier it was not welcome in many households. People used to hide their family members who were disabled because they did not want to feel embarrassed and insulted in front of outsiders. This brings misconceptions and stereotypes into society making it difficult for people with disabilities to live peacefully.
One of the primary contributors to negativity is the media. Movies, TV serials, and news mainly focus on the hardships and struggles of disabled people. This brings out the message in society that disability is a limitation or curse, overlooking the abilities and talents the disabled people possess. The World Health Organisation (WHO) has stated that differently-abled people do not get opportunities for better health, education, and employment opportunities contributing to the misconception of incapability.[8] Society must acknowledge the fact that disability is just one aspect of a person, it doesn’t define the worth or potential of a person. For instance, if we look at famous personalities like Stephen Hawkings, a paralyzed scientist who discovered hawking radiation. Frida Kahlo who was diagnosed with polio after a bus accident made her more disabled was a famous Mexican painter. These examples are inspirational and give a loud and clear signal to society that if the person is disabled doesn’t mean he doesn’t have talent or should give up.
Therefore, people should encourage them by providing them with opportunities like leadership roles in various sectors like politics, business, and community organisations. Promoting the career advancement of people with disabilities recognizing their skills and potential. Providing them with prospects for people with disabilities to participate in social, recreational, and cultural activities.
CONCLUSION
Ensuring equitable access to justice for individuals with disabilities is a fundamental aspect of upholding human rights and promoting justice. It requires a calculative approach to eliminating societal misconceptions and discrimination by implementing legal accessibility, and policies and fostering a culture of respect and understanding. In this way, we can meet the needs of people with disabilities equally. Only through these efforts, can we ensure individuals with disabilities can exercise their rights equally and participate fully in society. Thus, it is necessary to treat everyone equally, as no one should be subjected to abuse or prejudice.
Author(s) Name: Shristi D Kumar (Nirma University, Ahmedabad)
Reference(s):
[1] ‘The persons with disabilities, 2014’ ( Parliament and state legislatures India, May 2015) <https://prsindia.org/files/bills_acts/bills_parliament/2014/SC%20report-%20Persons%20disabilities.pdf> accessed: 26 June 2024
[2] Ibid
[3] ‘Convention on rights of persons with disabilities’ (Office of High Commissioner for human rights, 12 December 2006) <https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities>accessed: 26 July 2024
[4] Ibid
[5] Ibid
[6] ‘The Rights of Persons with disabilities act, 2016’ (India code, December 2016) <https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf > accessed: 26 July 2024
[7] ‘Policy on accessible education for students with disabilities’ (Ontario Human Rights Commission, March 2018) < https://www.ohrc.on.ca/en/policy-accessible-education-students-disabilities > accessed: 26 July 2024
[8] ‘Challenging stereotypes: Embracing disability as diversity’ (AnuMeena care foundation, 2 October 2023) <https://www.linkedin.com/pulse/challenging-stereotypes-embracing-disability-diversity-anumeenacare/ > accessed: 26 July 2024
