Hearing & Speech Impaired Woman Moves Kerala High Court Invoking S.7 Of Disabilities Act For Protection Against Abuse By Miscreant

Section 7 states that all measures have to be taken to provide protection to persons with disabilities and to prevent them from all forms of abuse, violence and exploitation.

Justice V G Arun has sought instructions in the matter and posted it on November 14.

The petitioner is speech and hearing impaired who is separated from her husband is being taken care of by her brother's family.

She alleges that a known troublemaker in their area unlawfully trespassed into her home and caught hold of her with the intent to outrage her modesty. She alleges that the same person had attempted to molest her even on previous occasions.

As per the plea, the petitioner's brother preferred a complaint before the police and the attacker was remanded to custody, however, he is said to have threatened to attack her again on being released from custody. She submitted that she is unable to live peacefully in her home and apprehends that he would attack her again.

The petitioner submitted that apprehension of attack against her violates her rights conferred under the Act, especially violation of Sections 7 and 92 (b).

Section 92 (b) provides for imprisonment of not less than six months and up to five years for outraging the modesty of a woman with a disability.

The petitioner submitted that as per Section 7 of the Act, any police officer on receipt of a complaint of any abuse must take necessary steps to ensure necessary protection.

The plea said, “Section 7 of the Act mandates that any person who has reason to believe that an act of abuse , violence or exploitation has been or is likely to be committed against any person with disability may give such information about it to the Jurisdictional Executive Magistrate who shall take immediate step to prevent its occurrence. The Section further mandates that any police officer on receipt of such complaint take necessary steps to afford necessary protection under the Act.”

The plea has been moved by Advocate S Nikhil Sankar. 

Case Number: WP(C) 39323/2024

Case Title: Jayakumari v State Police Chief