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Linguistic Justice And Judicial Accessibility: A Critical Evaluation Of The Rights Of Persons With Disabilities Act 2016 In Protecting The Right Of Deaf Persons To Understand Court Proceedings




Kumkum, Galgotias University


ABSTRACT


Access to justice is the foundation of a society. For deaf people going through the Indian court system is still very difficult because of communication problems. This paper checks if the Rights of Persons with Disabilities (RPwD) Act, 2016 really helps persons to understand and take part in court hearings. The Act says that disability is not a medical issue but also a social one. This means that deaf persons have the right to get help like sign language interpreters, when they are in court. However, the Acts promises are not being kept. There are no interpreters, courts do not have the right equipment, and there are no clear rules on how to help deaf persons. This paper looks at what the Constitution and the Act say and at some important court decisions. It finds that there is a gap between what the law says and what actually happens. The US and UK have systems in place to help deaf persons in court. A small survey of lawyers also shows that there are problems. This paper says that while the RPwD Act is a start it needs to be implemented better. The paper ends with some suggestions on how to make Indian courts fairer and more accessible to persons. This can be done by making sure that deaf persons get the help they need to understand court proceedings. The Rights of Persons with Disabilities Act 2016 has to be implemented in a way that makes a difference. Deaf persons should not have to struggle to understand what is happening in court. They have the right to equal access to justice. The government and courts need to work to make this happen. They need to make sure that there are interpreters and that courts have the right equipment. They also need to make rules, on how to help deaf persons. If these things are done then deaf persons can really take part in court hearings. Get justice. That is what the law is meant to do.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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