Abstract
This paper explores the treatment of persons with disabilities (PwDs) within criminal justice systems across various jurisdictions, including national and international perspectives. It begins by examining the conceptual evolution of disability, transitioning from a medical model to a rights-based and social model as enshrined in contemporary legal instruments like the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). The paper then delves into the judicial interpretation of disability rights in India, specifically referencing case law that highlights the challenges and progress made by the judiciary in ensuring accessibility and fairness. A detailed review of the legal frameworks and ground realities in the Indian states of Haryana and Punjab is provided, assessing the strengths and gaps in implementation.
In the comparative section, the study analyzes legal provisions and institutional mechanisms in the United States, United Kingdom, Canada, and Australia, identifying models of best practice that could inform legal reforms in India and similar jurisdictions. Furthermore, the role of technology and artificial intelligence (AI) in enhancing access to justice for PwDs is critically examined, including both current applications and future potential. AI-driven tools such as assistive technologies, virtual courts, and legal chatbots, are evaluated for their capacity to reduce barriers.
This research aims to contribute to policy and legal reform discussions by offering a multi-jurisdictional perspective and actionable recommendations. It ultimately argues for a more inclusive, accessible, and rights-based approach to criminal justice for persons with disabilities worldwide.
Keywords: Persons with Disabilities, Criminal Justice, Comparative Law, Human Rights, Judicial Perspective, Artificial Intelligence, Haryana, Punjab, International Law
Introduction:
Persons with disabilities (PwDs) often face unique challenges in accessing justice. Barriers range from physical inaccessibility to legal and procedural inadequacies. These barriers are compounded by societal attitudes, lack of awareness among legal professionals, and insufficient accommodations within the justice system. The right to equal protection of the law and the right to a fair trial are fundamental human rights enshrined in various national constitutions and international legal instruments. However, the realization of these rights for PwDs remains uneven and, in many cases, illusory.
This paper seeks to address how criminal justice systems can become more inclusive by examining and comparing different legal frameworks and practices. It begins by exploring the conceptual understanding and historical evolution of disability as it pertains to law. It then evaluates how Indian judiciary and legislatures have responded to the needs of PwDs, focusing on both legislative reforms and landmark case laws. Particular attention is given to the Indian states of Haryana and Punjab, which serve as microcosms for understanding regional implementation dynamics.
The paper then undertakes a comparative legal analysis by examining how countries such as the United States, United Kingdom, Canada, and Australia address the needs of PwDs within their criminal justice systems. Through this, it highlights successful models and identifies gaps. The potential of technology and artificial intelligence to bridge accessibility gaps is also critically evaluated.
Ultimately, the paper argues for a shift toward a rights-based and participatory approach that integrates legal reform with technological innovation and institutional accountability. By highlighting domestic and international best practices, this study aims to contribute toward building a more equitable criminal justice system for persons with disabilities.
Meaning, Concept, and Evolution of Disability in Law:
The concept of disability has undergone a profound transformation over time, shaped by evolving social attitudes, legal discourse, and international human rights frameworks. Initially, disability was largely perceived through the medical model, which emphasized individual impairments and pathologies. Under this model, persons with disabilities were often seen as objects of pity, care, or rehabilitation, rather than as holders of rights. The primary focus was on diagnosis, treatment, and institutionalization, often excluding PwDs from mainstream social, economic, and legal structures.
This understanding began to shift in the late 20th century with the rise of the social model of disability, which reframed disability as a result of the interaction between individuals and societal barriers—be they physical, communicational, or attitudinal. According to this model, disability is not inherent in the individual but is constructed by environments and institutions that fail to accommodate diverse needs. This perspective emphasized inclusion, accessibility, and the dismantling of systemic discrimination.
A further evolution occurred with the development of the rights-based model, which was internationally recognized with the adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2006. This convention represented a paradigm shift by treating persons with disabilities as subjects of rights, capable of making decisions and participating fully in society. It obliges states to ensure equal protection of the law, including access to justice, procedural accommodations, and non-discrimination in all aspects of life.
In the Indian context, earlier laws like the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, followed a limited welfare-based model. However, the enactment of the Rights of Persons with Disabilities Act, 2016 brought Indian law in alignment with the UNCRPD, recognizing a wide spectrum of disabilities and emphasizing full and effective participation and inclusion in society.
Understanding the evolution of disability in law is crucial because it determines the obligations of the state, the nature of legal protections afforded to PwDs, and the institutional mechanisms that must be put in place to ensure equal access to justice. It also influences how legal actors—police, lawyers, judges, and prison officials—interact with persons with disabilities within the criminal justice system.
.jpeg)
