Supreme Court Saturday launched a ‘handbook’ with a glossary of terms that perpetuate stereotypes about disabilities that must be avoided and provides alternatives for use in legal documents, and judgments.
Instead of using ‘disabled person’ the handbook recommends using the phrasing “person with a disability” as this reflects a people-first approach. It also pointed out that some terms such as “people of determination”, “special”, and “differently abled” are also considered condescending and offensive because they stigmatise the language around disability by substituting it.
Engaging with stereotypes and biases is crucial: CJI on disability
Also when possible and if in doubt, ask the individual in question how they would prefer to be described,” it is recommended.
“Engaging with stereotypes and biases is crucial, as these can subtly influence legal proceedings — whether in the assumptions made about the capacity of a child with disabilities to testify or in the way their credibility is assessed,” Chief Justice of India Dhananjay Chandrachud said. He was speaking at the inaugural session of a two-day annual national stakeholders consultation on child protection organised under the aegis of the Juvenile Justice Committee of the Supreme Court in association with Unicef.
Chandrachud emphasised it must be ensured that the justice system, from the police stations to the courtrooms, understands and responds to the compounded vulnerabilities of children with disabilities. He also cited absence of reliable data on children with disabilities, especially those who are survivors of sexual offences or who come into conflict with the law, as a significant challenge. He said improving data collection systems must be a priority as it is the “foundation for meaningful reforms”.
“As someone who fosters two wonderful young daughters, I am reminded daily of the joy, purpose, and love they bring into my life. They have transformed not only how I see the world but also how I engage with it — strengthening my commitment to creating a more inclusive society where every child, regardless of their abilities, is cherished and protected,” the CJI said.
The ‘Handbook Concerning Persons With Disabilities’ launched by SC on Saturday advised against use of “offensive terms such as crippled, idiot, loony, mad, junkie and retard in any derogatory contexts.” Some other descriptions to be avoided when referring to PwDs include “infirm; stunted; unfit; helpless; crippled; defected; deformed; invalid; lame; maimed; mutilated; or subnormal”.
