Title 

Hate Speech Against Disabled Persons in India: An Analysis of Legal Provisions and Judicial Interpretations.

Authors 

Suvidutt M.S, Aditya Tomer

Abstract 

Background: Disabled persons are subjected to harassment and hostility. Disability hate speech, often neglected, is rampant in society and it leaves terrible psycho-emotional scars on persons with disability. The objective of this paper is to analyse the Rights of Persons with Disabilities Act, 2016 and provisions of various other statutes protecting disabled persons. It examines judgments of the Hon’ble Supreme Court and other High Courts related to protecting the rights of disabled persons. It also aims to understand the concept of hate speech as it is not legally defined in Indian law. Lastly, to identify the shortcomings in the existing legal framework. Methods: Analysing and reviewing of research papers, articles, judgments, statistical studies, and news reports that are related to hate speech, abuse and violence against disabled persons in India. Results: Although exclusive law and legislations are there to protect the rights and interests of disabled persons, people with disability are not preferring litigation to get justice for less conviction rates and the delay involved. Conclusion: Stringent penal provisions create deterrence. Spreading awareness by governmental agencies and NGOs as well is proposed. Appropriate policy decisions are taken so that disabled persons are more integrated into society. Therefore, a sustained campaign for the protection of the rights of the disabled is essential.

 Keywords

Disability, Disabled Persons, Discrimination, Hate Speech, Supreme Court.

 DOI