Introduction: Upholding Dignity for Disabled Persons

In a landmark move, the Supreme Court of India has issued a clarion call to the judiciary, urging judges and legal professionals to avoid using dehumanizing language when referring to persons with disabilities. Chief Justice of India Dr. D.Y. Chandrachud, at the 9th Annual National Consultation Stakeholders Consultation on ‘Protecting the Rights of Children Living with Disability and Intersectionality of Disabilities,’ emphasized the importance of using sensitive and respectful language when addressing individuals with disabilities. This event, organized by the Juvenile Justice Committee of the Supreme Court in collaboration with UNICEF India, also marked the launch of the Handbook Concerning Persons with Disabilities.

This blog unpacks the Supreme Court’s advisory, the language guidelines suggested in the handbook, and the broader legal landscape surrounding disability rights in India, highlighting the crucial need for respectful and empowering language in legal and societal discourse.

1. Supreme Court’s Message: Respect for Disability RIghts

1.1 Launch of the Handbook Concerning Persons with Disabilities

During the event, the Chief Justice of India (CJI) launched the Handbook Concerning Persons with Disabilities. The handbook, prepared under the guidance of Justice B.V. Nagarathna, Chairman of the Juvenile Justice Committee, Supreme Court of India, includes an entire chapter titled Language and Disabilities. The handbook emphasizes the immense power that the language used by judges in their judgments holds. It can shape societal perceptions and either perpetuate stigma or foster inclusion. The handbook urges the judiciary to adopt a people-first approach, where the individual is prioritized over their disability, to foster dignity and respect for persons with disabilities.

1.2 Avoiding Stereotypes and Stigmatizing Language

Justice Nagarathna, during her address, referred to a pivotal judgment of the Supreme Court, which stresses that the judiciary must avoid language that individualizes impairments and overlooks social barriers. Phrases such as “afflicted,” “suffering,” or “victim” must be avoided as they reinforce negative stereotypes. Instead, neutral and respectful language should be used to ensure that the social model of disability—which focuses on societal barriers rather than individual impairments—is upheld.

2. Language Guidelines for Addressing Disability Rights

2.1 Avoiding Dehumanizing and Derogatory Terms

The Handbook Concerning Persons with Disabilities highlights various dehumanizing terms that have historically been used in legal and societal contexts to describe individuals with disabilities. These terms are not only derogatory but perpetuate harmful stereotypes. For example, terms such as “crippled,” “idiot,” “mad,” and “retard” are highly offensive and should be eliminated from the legal lexicon and everyday language.

Furthermore, words that might seem more neutral but still carry a condescending tone, such as “special,” “differently abled,” or “people of determination,” can also stigmatize the individual by focusing too heavily on their disability rather than their personhood. Instead, judges and legal professionals are advised to use respectful and person-centered language that reflects the lived experience of persons with disabilities.

2.2 People-First vs. Identity-First Language

The handbook suggests using a people-first approach, where the individual is recognized first, and the disability is secondary. For instance, instead of saying “a disabled person,” one should say “a person with a disability.” This approach emphasizes the person rather than their condition, which can help counter the objectification of individuals with disabilities.

Examples:

People-first language: “Person with a hearing disability” instead of “hearing-disabled person.”
People-first language: “Person with visual impairment” instead of “blind person.”

This approach is consistent with the principles of the Rights of Persons with Disabilities Act, 2016 and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), 2006, which India ratified.

3. Legal Framework Supporting Disability Rights in India

3.1 The Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016 (RPwD Act) is a landmark legislation in India, enacted to give effect to the UNCRPD and uphold the dignity, rights, and freedoms of persons with disabilities. The RPwD Act identifies 21 categories of disabilities and provides for measures to ensure non-discrimination, accessibility, and inclusion of disabled persons in all spheres of life.

3.1.1 Key Provisions of the RPwD Act

Section 3 of the RPwD Act mandates equality and non-discrimination for persons with disabilities. It emphasizes that the government and private institutions must take appropriate measures to ensure that disabled persons are not discriminated against in accessing services, education, or employment.
Section 12 ensures that persons with disabilities have equal recognition before the law and guarantees them the right to equal protection and benefit of the law.
Section 13 provides for access to justice, emphasizing the need for procedural accommodations that make legal proceedings more accessible for persons with disabilities. This is particularly relevant to the judiciary’s use of language, as it mandates the elimination of barriers—linguistic and otherwise—that hinder access to justice.

The Supreme Court’s handbook aligns with the RPwD Act’s mandate, ensuring that language does not become a tool of discrimination or stigmatization but rather supports the empowerment of persons with disabilities.

3.2 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

India is a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), a global treaty that aims to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The convention promotes a rights-based approach to disability, moving away from a charity model or medical model toward a social model of disability that emphasizes eliminating barriers to full participation in society.

The RPwD Act, 2016, was enacted to bring India’s legal framework in compliance with the principles laid out in the UNCRPD. It emphasizes that persons with disabilities should be treated as full members of society with rights to non-discrimination, equality, and accessibility.

4. Key Recommendations of the Supreme Court Handbook

4.1 Avoiding Stereotype-Perpetuating Words

The handbook provides a list of 36 stereotype-perpetuating words and their suggested alternatives. These recommendations are designed to ensure that the language used by judges and legal professionals is respectful, accurate, and non-offensive. The following are examples of such terms:

Avoid: “Crazy,” “insane,” “demented,” “lunatic”
Use Instead: “Person with a mental health condition,” “person experiencing a mental health condition”
Avoid: “Addict,” “alcoholic”
Use Instead: “Person with a substance use condition,” “person with an alcohol addiction”
Avoid: “Trauma victim”
Use Instead: “Trauma survivor”

The language used must reflect a person’s humanity first and foremost, and legal language should not perpetuate outdated stereotypes that compound discrimination.

4.2 Adopting Neutral and Context-Specific Language

The handbook urges the judiciary to adopt neutral language that avoids making value judgments about a person’s experience with disability. Judges must also carefully consider whether the mention of a person’s disability is even relevant to the case. For instance, while a person’s visual impairment may be relevant to evaluating witness testimony in a case, it would not be relevant in other legal matters where disability does not directly impact the case.

Moreover, the handbook emphasizes that language should reflect the individual’s experience, and it is best to ask individuals how they wish to be identified. For example, some individuals with disabilities may prefer identity-first language, while others may prefer people-first language.

4.3 Ensuring Representation and Inclusion

The Supreme Court’s initiative also ties into the broader movement for disability inclusion within the judiciary and beyond. By changing the way language is used to refer to persons with disabilities, the judiciary can help challenge the attitudes and stereotypes that have long perpetuated inequality and discrimination. The handbook’s recommendations contribute to the social and legal inclusion of disabled persons by encouraging judges, lawyers, and society at large to rethink their language and approach to disability.

Conclusion: Language as a Tool for Empowerment

The Supreme Court’s Handbook Concerning Persons with Disabilities represents a significant step forward in promoting inclusive and respectful language when addressing or referring to persons with disabilities. The judiciary’s role in shaping societal norms cannot be overstated, and by avoiding dehumanizing language, judges and legal professionals can contribute to a more inclusive society.

Adopting a people-first approach and ensuring that language empowers rather than marginalizes individuals is not only a legal obligation under the Rights of Persons with Disabilities Act, 2016 but also a moral and ethical imperative. In line with international standards such as the UNCRPD, this initiative demonstrates India’s commitment to ensuring the dignity, rights, and inclusion of all persons, regardless of ability.

As language continues to evolve, so too must our understanding and respect for the diversity of experiences lived by persons with disabilities. The judiciary’s leadership in this regard sets a precedent for other sectors to follow, ensuring that justice, equality, and inclusion are the cornerstones of India’s legal and social fabric.

FAQs

1. What did the Supreme Court say about the use of dehumanizing language?

The Supreme Court advised judges and legal professionals to avoid using dehumanizing language when referring to persons with disabilities and encouraged adopting inclusive and respectful terminology.

2. Why is language important in addressing persons with disabilities?

Language shapes societal perceptions and can either perpetuate stigma or foster dignity and inclusion. Using respectful language empowers individuals and challenges stereotypes.

3. What is people-first language, and why is it recommended?

People-first language prioritizes the individual over their disability. For example, saying “person with a disability” instead of “disabled person.” This approach emphasizes the humanity of individuals.

4. What laws support the rights of disabled persons in India?

The Rights of Persons with Disabilities Act, 2016 and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) promote the rights of disabled persons and advocate for their full inclusion in society.

5. What are some terms the Supreme Court advised against using?

The Supreme Court’s handbook advised against terms like “crippled,” “retard,” “insane,” and “mad.” Instead, respectful terms like “person with a disability” or “person with a mental health condition” should be used.

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Supreme Court’s Stand: Respectful Language for Disability Rights