The Criminal Justice System And The Rights Of Persons With Disabilities In India: A Critical Analysis
- IJLLR Journal
- Dec 4, 2025
- 2 min read
Maven V K, School of Law, Christ (Deemed to be University).
ABSTRACT
The intersection of the Criminal Justice System and the Rights of Persons with Disabilities in India exposes a longstanding gap between constitutional guarantees and actual reality faced by the disabled people. Despite the protections under Articles 14, 21, and 39-A of the Constitution, and the enactment of the Rights of Persons with Disabilities Act, 2016, persons with disabilities continue to face systemic exclusion at every stage of criminal proceedings, starting from arrest and investigation to trial, incarceration, and rehabilitation. Procedural safeguards are undermined by inaccessible infrastructure, inadequate accommodations, attitudinal biases and societal stigma. Judicial pronouncements such as Vikash Kumar v. UPSC, Rajive Raturi v. Union of India, and Patan Jamal Vali v. State of Andhra Pradesh have affirmed the importance of reasonable accommodation and the need for inter-sectional sensitivity, yet implementation remains fragmented and inconsistent. The neglect of disabled prisoners, epitomized in the case of Father Stan Swamy, further reveals the failures of custodial institutions to uphold dignity under Article 21.
This paper goes on to show that ensuring meaningful access to justice for PwDs requires embedding reasonable accommodation within the procedural fabric of criminal law, strengthening institutional accountability, and adopting a rights-based approach consistent with India’s obligations under the UNCRPD. Comparative perspectives from jurisdictions such as the United States and the United Kingdom highlight the need for systemic reform through legislative clarity, infrastructural accessibility, and sustained sensitization. Finally, this research paper contends that equal justice for persons with disabilities is not a matter of charity or discretion but a constitutional and moral imperative.
Keywords: Persons with Disabilities, Criminal Justice System, Reasonable Accommodation, RPwD Act 2016, Disability Rights, Prison Reform.
