ABSTRACT
Working to ensure that persons with disabilities have access to justice—that they are not excluded or marginalized by our justice systems—can be both fulfilling and frustrating. Even if one takes a global perspective, then no nation has met the challenge of ensuring persons with disabilities participate fully in justice systems. The inability to participate fully is, sadly, not limited to persons with disabilities. Other minority populations have been excluded because of race, religion, or gender, for example. Given the tremendous variation in the types and degree of physical and mental impairments that are possible, however, ensuring that all persons with disabilities have access to justice does present unique challenges.[1]We can improve access to justice by removing physical and architectural barriers. We also can carefully examine whether we have created unnecessary cognitive barriers through oversight or simply by habit. This article first provides a few examples of the existing legislation and treaties that protect persons with disabilities and provide access to justice. That discussion will not be a detailed, comprehensive examination of those protections. Rather, it is intended to give orientation to the types of protections that are available, to provide a few samples, and to begin to think critically about how advocates can be trained to represent persons with disabilities within this type of regulatory context. The article next describes some of the specific challenges faced by persons with disabilities, including technology accessibility and significant employment issues. This part of the article offers practical reasons why we should be concerned about access to justice systems, and access to a just life, for persons with disabilities. It also identifies the types of problems that advocates need to be prepared to address.And finally, the article explores one of the strategies for improving access to justice for persons with disabilities. The purpose of this research paper is to examine the provision of legal aid for persons with disabilities in India. The study aims to assess the current state of legal aid for persons with disabilities in India, including the availability of legal services, the effectiveness of existing legal aid programs, and the barriers to accessing legal aid for persons with disabilities. The paper provides an in-depth analysis of the legal framework for providing legal aid to persons with disabilities in India, including the role of the government, non- governmental organizations, and the private sector in providing legal aid services. The study finds that while legal aid for persons with disabilities in India is slowly improving, there are significant barriers to accessing legal aid services, including a lack of awareness, limited resources, and discrimination against persons with disabilities. The study makes recommendations for improving the provision of legal aid for persons with disabilities in India, including the need for increased funding, awareness campaigns, and the development of new legal aid programs.
[1] Rumi Ahmed, Rights of Persons with Disability in India, (White Falcon Publishing Solutions LLP, 2015).