Supreme Court Initiates Public Consultation To Prevent Use Of Harmful Stereotypes Against Persons With Disabilities In Legal Setting

The Rights of Persons with Disabilities Act, 2016, affords specific rights and benefits to individuals with disabilities, including those with significant support needs. However, to impart genuine meaning to these rights, it is imperative that the courts responsible for their enforcement are well-versed and attuned to the challenges confronted by persons with disabilities. This awareness goes beyond addressing only physical requirements; it necessitates a comprehension of and response to the diverse challenges that individuals with disabilities encounter within the legal system. Overcoming stereotypes about persons with disabilities is vital, as these biases can introduce unfairness into legal proceedings, impacting the impartiality of outcomes.

Stereotypes frequently portray individuals with disabilities as less competent or reliable, unfairly influencing judicial proceedings, encompassing the credibility of testimonies and the recognition of rights and responsibilities in legal contexts. By actively dismantling these stereotypes and ensuring that courts are adept at understanding and supporting the needs of individuals with disabilities, the legal system can evolve into a more inclusive and just entity, mirroring the diversity of the society it serves. This commitment to accessibility and fairness not only benefits individuals with disabilities but also fortifies the integrity and equity of the legal system on a broader scale.

To encourage the engagement of diverse stakeholders and garner the most comprehensive range of perspectives on the matter, the Supreme Court of India invites input on the following issues:

1. Proposing inclusive terminology suitable for addressing Persons with Disabilities, encompassing their needs and the issues affecting them.
2. Identifying inaccurate or harmful stereotypes about persons with disabilities that contribute to discrimination, distorted legal reasoning, or the denial of legal rights or benefits, along with strategies to counteract such stereotypes.
3. Recommending primary legal materials and academic literature that can be relied upon in formulating a Handbook on Combating Stereotypes concerning Persons with Disabilities.

All interested parties are invited to share their insights by completing the form at the following link: https://forms.gle/bbyQGQ1VqZmyVXSo8.

The final date for receiving inputs is 31 January 2024.