The Jammu & Kashmir High Court observed that the specially-abled people must be treated with respect and honour, not in a way that they are treated as liabilities. Certain directives such as facilities like constructed ramps, wheelchairs, hand-raised and special washrooms etc., are to be ensured by the Respondents. It was also ordered that any statement of the specially-abled persons to be recorded by the Police must be done at the place of convenience/residence of the specially-abled people.
Brief Facts:
The present PIL is filed to restrain Respondents and the public from referring people with disabilities or especially able persons by using words such as mentally retarded, sick, unfortunate, crippled, mad etc.
The Petitioner contended that respectful language, communication and etiquette concerning disability have been universally prescribed and used during communications, pleadings, orders of the Court, academic writings etc.
The Petitioner approached Respondents to ensure that the strategy launched at the international level for having reference to language guidelines is adhered to. It was submitted by the Petitioner that such words as mentally retarded, sick, unfortunate, crippled, mad etc. must be discontinued and they would not even affect the functioning, scope, nature, operation etc. of the Disability Act as these words are not even mentioned in the Act. It was also sought that accordingly laws should be amended.
Observations of the Court:
The Court observed that the issue raised must be addressed by the Respondents as it would be in line with universal conventions and also the sentiments of specially-abled persons must be valued.
The Bench directed the Respondents to recognize the claims of the Petitioner for specially-abled persons. Facilities such as constructed ramps, wheelchairs, hand-raised and special washrooms etc., are to be ensured by the Respondents.
The High Court also ordered the Respondents to ensure that any statement of the specially-abled persons to be recorded by the Police must be done at the place of convenience/residence of the specially-abled people.
Case Title: Badrul Duja v. Union of India & Ors.
Coram: Coram: Hon’ble Mr. Chief Justice Ali Mohammad Magrey, Hon’ble Mr. Justice Rahu Bharti
Case No.: WP (C) No. PIL No. 10/2022
Advocate for Petitioner: Adv. Badrul Duja (Petitioner in person)
Advocate for Respondents: Adv. Mr. Shah Aamir, Mr. T.M. Shamsi (DSGI), Mr. Ilyas Nazir (GA)
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