KATHMANDU, JULY 13
A vast majority of persons with disabilities rarely opt for the formal process of justice thinking that they have to undergo more suffering and that they are stigmatised, discriminated and misbehaved with while seeking justice.
According to a report recently published by the National Human Rights Commission, persons with disabilities are compelled to approach the authorities time and again and spend more time to get justice. "Against this backdrop, they prefer to tolerate the injustice ratherthan approach the authorities for justice," warned the report.
Delivering justice to them is often delayed by agencies such as district police office, district administration office, court and local level. Unnecessary delay in delivering justice to people with special needs, especially persons with disabilities, remains a barrier to justice accessibility for them, the rights body said.
Even more worrisome is that persons with disabilities are usually discouraged by their own family and society from taking on formal legal course when they are misbehaved, discriminated and victimised in any other form. "Instead of encouraging and helping them go through legal course of justice, they are discouraged and demotivated by portraying them otherwise," read the report.
Most of the persons with disabilities in Nepal are dependent on others and do not have their own income source to bear the expenses incurred while seeking formal process of justice. "In many cases, they do not have money to pay court fee, travel expense and food, compelling them to tolerate any injustice done to them. Furthermore, most persons with disabilities cannot approach the authorities alone and need a caretaker for the same. However, family members and other people rarely support them in that regard. Road infrastructure and office buildings are not disabled-friendly," the NHRC warned.
The constitution and national and international laws recognise that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. While access to justice is fundamental for the enjoyment and fulfilment of all human rights, many barriers prevent persons with disabilities from accessing justice on equal basis with others. Such barriers include restrictions on the exercise of legal capacity, lack of physical access to justice facilities such as courts and police stations, lack of accessible transportation to and from these facilities, obstacles in accessing legal assistance and representation, lack of information in accessible formats, paternalistic or negative attitudes questioning the abilities of persons with disabilities to participate during all phases of the administration of justice and lack of training for professionals working in the field of justice.
In the justice system, persons with disabilities are often considered unworthy, unable to benefit from or even likely to be harmed by due process of protection provided to all other citizens.
The International Principles and Guidelines on Access to Justice for Persons with Disabilities states that all persons with disabilities have legal capacity and, therefore, no one shall be denied access to justice on the basis of disability.
However, they still suffer due to deprivation in various walks of life, mainly the justice system.
The NHRC has called on the government to ensure that persons with disabilities enjoy justice on equal basis with others through effective implementation of the laws.
A version of this article appears in the print on July 14, 2023, of The Himalayan Times.
