NEW DELHI: Despite constitutional mandate and statutory obligation under the Rights of Persons with Disabilities (RPwD) Act, 2016, millions of persons with disabilities (PwD) continue to remain excluded from the justice system, said a first-of-its-kind nationwide study released on Wednesday.
The study, conducted in 30 states and UTs, said the promise of equal access exists in law; however, its realisation in institutions remains incomplete.
Conducted by the National Centre for Promotion of Employment for Disabled People (NCPEDP) in collaboration with various NGOs, the study highlighted that basic infrastructure like ramps and accessible washrooms are still lacking in public spaces across India, including courts, prisons, and legal aid offices.
The survey, Status of Access to Justice for Persons with Disabilities (PwD), said the other reasons PwD in India are not able to access justice from police, law and legal aid systems are also due to a lack of training among staff to handle these cases, limited sensitisation, and the absence of accessible documentation and communication support.
Arman Ali, Executive Director of NCPEDP, a leading cross-disability rights organisation working to promote inclusion, equal opportunities, and policy reform for persons with disabilities in India, said, “This study reveals a stark reality: for millions of persons with disabilities in India, justice remains largely out of reach despite strong legal guarantees.”
“From police stations and courts lacking accessible infrastructure to a shortage of interpreters and in accessible digital platforms, barriers exist at every stage. Justice cannot be considered equitable when citizens are prevented from even entering the system,” he added.
“What India needs now is urgent, coordinated reform including mandatory accessibility, disability-sensitive training, and robust accountability so that rights guaranteed on paper finally translate into justice in real life,” he further said.
According to Amita Dhanda, Professor Emeritus, the National Academy of Legal Studies and Research (NALSAR) University of Law, Hyderabad, “Justice cannot be reduced to police stations and courtrooms alone. For most citizens, especially persons with disabilities, justice begins long before litigation, in accessible institutions, inclusive policies, and remedies that actually work at the first point of contact."
"Rights mean little without enforceable remedies, and remedies cannot exist without addressing deep socio-economic barriers," she said.
She said NCPEDP’s report is "critical because it brings first-level, lived data into the system, reminding us that true justice is not about higher courts alone, but about whether no one is left behind at the very first step."
The survey, conducted among 355 PwD, found that the first obstacle they face is visiting a police station to file their complaints.
It found that 56.5% faced infrastructure barriers, such as the lack of ramps and wheelchair access, when visiting a police station.
The other issues they faced were the non-availability of reserved parking spaces, unclear or unavailable signage, and the lack of lifts.
Also, PwD faced a lack of assistance or scribes for visually impaired persons, a negative attitude, a lack of sitting facilities, and language and communication issues.
As many as 52.4% said police were not approachable when they visited the police station.
Only 15.4% of respondents used an online portal to submit a police complaint.
The study also found that 69% of police officials cited a lack of training and understanding of how to support persons with disabilities as a major barrier in their interactions with the community.
For PwD, the next challenge was posed when they visited the courts. The key infrastructural barriers included non-availability of ramps (48.8%), inaccessible toilets (46.3%), and absence of sign language interpreters (34.7%).
Only 34.6% reported receiving relevant court documents in accessible formats, highlighting a significant gap in the provision of accessible legal documentation.
PwDs constitute only 0.5% of legal aid beneficiaries nationwide, the study said.
It also found that among those who approached the authorities for legal aid, 70.9% of respondents stated that the authorities are not understanding or sensitive to their disabilities.
Moreover, an estimated 71.9% of PwDs were unaware or only minimally aware of their entitlements under the RPwD Act, 2016.
The study called for urgent, coordinated access to justice across all pillars of the justice system - police, judiciary, prison, and legal aid, including mandatory and enforceable accessibility standards; disability-sensitive training for officials; dedicated awareness campaigns for persons with disabilities on their legal rights; maintenance of reliable, disaggregated disability data (including NCRB) and strengthened implementation of Section 12 of the RPwD Act.
“Access to justice for persons with disabilities is not a matter of charity or welfare - it is a constitutional obligation and a measure of the integrity of our democratic institutions. The realisation of this right requires sustained commitment, coordinated action, and an unwavering recognition that justice is meaningful only when it is accessible to all,” the study added.
Individuals across 16 disability types were part of the survey, including acid attack victims, individuals with autism, blindness, cerebral palsy, dwarfism, blood disorders, hearing impairment and others.