Report highlights data gaps in access to justice for persons with disabilities
A research study by think tank Pacta calls for an urgent ecosystem response as new findings reveal systemic exclusion and near-total absence of disability-disaggregated data across police, prisons, judicial, and legal aid systems.
Bengaluru-based law and policy think tank, Pacta, has released a research study, ‘Access to Justice for Persons with Disabilities in India: A Data Informed Report’ that exposes critical data gaps and systemic exclusion of persons with disabilities across India's police, prison, judiciary, and legal aid systems.
According to a press statement, the report highlights that India’s justice system, despite some progressive provisions, remains largely out of reach for persons with disabilities because of a lack of reliable data and weak institutional implementation.
Some of the key findings of the report include:
Disparate implementation of national mandates: The United Nations Convention on Rights of Persons with Disabilities (UNCRPD, 2008) provides a clear mandate for the inclusion of persons with disabilities and maintaining disaggregated disability data. The Rights of Persons with Disabilities Act (RPwD Act 2016) also reflects the same to some extent. However, the implementation of national mandates at the level of states is fragmented, and practices remain disparate.
Lack of disability data: Critical data on persons with disabilities in the justice system is missing or inconsistent, making accountability and reform difficult.
Inaccessible infrastructure: Many courts, police stations, and prisons remain physically and digitally inaccessible, and even hostile for persons with disabilities despite legal mandates.
Poor representation: Persons with disabilities are largely absent from justice sector jobs, with mandated employment quotas not being effectively implemented.
Inadequate system response to disability: The justice system lacks the capacity to serve the needs of persons with disabilities. For example, the NCRB Prisons Statistics Report of 2022 reveals a total of 69 sanctioned positions (58 for states and 11 for UTs) and 25 filled positions for psychologists/psychiatrists (21 for states and four for UTs) across state and UT prisons, accounting for only 36.23% of the required strength.
Lacking disability sensitive approach: Disability sensitisation in capacity-building programs for police, prison staff, judges, and legal aid staff is lacking and insufficient. Efforts like Accessibility Committees exist in some High Courts, but the practise of appointing Accessibility Committees has not percolated to lower courts.
Legal aid falls short: While entitled to free legal services, persons with disabilities face barriers due to limited outreach, accommodations, and staff training. To illustrate, in 2023-24, persons with disabilities who accessed legal aid services at various levels was a mere 0.29% of the overall number of persons who accessed it.
Call to action of all justice stakeholders: Civil society organisations, philanthropists, lawyers, universities, think tanks, and bureaucrats have a critical and urgent role to play in creating a more disability-responsive and accessible justice ecosystem.
The report calls for:
- Mandatory disability-disaggregated data across all four pillars of the justice system
- Public accessibility audits and transparent reporting of reasonable accommodations
- Integration of disability rights into training curricula for police, judiciary, and legal aid actors
- Convergent efforts of policymakers, civil society actors, researchers, and justice sector stakeholders to transform the justice system into one that reflects the diversity and dignity of all its users.
Nivedita Krishna, Founder, Pacta, said, “Access to justice is a foundational right and a necessary condition for the realisation of all other rights. Yet, for persons with disabilities in India, the justice system remains difficult to navigate, marked by physical, procedural, attitudinal, and systemic barriers.”
“Over 26 million persons with disabilities in India continue to be excluded from the justice system. A relentless focus on disability inclusion through awareness, enforcement of reservation policies, infrastructure accessibility, and comprehensive data collection are needed to realise full inclusion of persons with disabilities in the justice system,” she added.