Supreme Court Moots Central Law to Penalise Ridicule of Persons with Disabilities (PwDs)

Context:

• The Supreme Court of India has urged the Central Government to consider enacting a stringent Central law to penalise acts that demean, ridicule, or humiliate Persons with Disabilities (PwDs).

• The suggestion arose during a hearing related to online abuse and derogatory content targeting PwDs, highlighting gaps in existing legal protections.

Key Highlights:

Judicial Suggestion and Rationale

• The Court proposed a law on the lines of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, aimed at creating strong deterrence against discriminatory behaviour.

• It noted that ridicule and humiliation of PwDs—especially in digital spaces—causes psychological harm, social exclusion, and dignity violations.

Focus on Online Abuse and Social Media

• The Court underscored the role and responsibility of social media influencers and content creators in shaping public attitudes.

• It observed that online platforms amplify abuse, necessitating stronger legal safeguards beyond advisory or civil remedies.

Need for Enhanced Legal Protection

• Existing frameworks address discrimination but lack specific penal provisions targeting ridicule, mockery, and hate-based humiliation of PwDs.

• A dedicated law could ensure clear definitions, offences, and punishments, strengthening enforceability.

Social Justice and Ethical Dimension

• The suggestion reflects growing judicial concern over stigmatization, stereotyping, and marginalisation of PwDs.

• Reinforces the constitutional mandate to uphold dignity, equality, and inclusive citizenship.

Relevant Prelims Points:

• Issue: Inadequate penal deterrence against humiliation and ridicule of PwDs.

• Causes: Social stigma, digital anonymity, weak criminal provisions.

• Government Initiatives / Legal Framework:

  • Rights of Persons with Disabilities Act, 2016

  • UN Convention on the Rights of Persons with Disabilities (UNCRPD)

• Benefits of Proposed Law:

  • Stronger deterrence

  • Enhanced dignity and protection for PwDs

• Challenges:

  • Defining offence boundaries without curbing free speech

  • Enforcement in online spaces

• Impact: Promotion of inclusive society and respect for diversity.

Relevant Mains Points:

• Definitions & Concepts:

  • Persons with Disabilities (PwDs): Individuals with long-term physical, mental, intellectual, or sensory impairments.

  • SC/ST (Prevention of Atrocities) Act: Penal law to prevent discrimination and violence against SC/ST communities.

• Constitutional Provisions:

  • Article 14 – Equality before law

  • Article 15 – Non-discrimination

  • Article 21 – Right to life with dignity

• Social Justice Dimension (GS II):

  • Need for substantive equality, not just formal rights

• Ethical Dimension (GS IV):

  • Respect for dignity, empathy, and social responsibility in public discourse

• Way Forward:

  • Enact a clearly drafted Central law with precise definitions

  • Integrate digital platform accountability

  • Awareness campaigns to change societal attitudes

  • Capacity building of law enforcement for sensitive handling

UPSC Relevance (GS-wise):

• GS II: Social Justice, Fundamental Rights, Polity

• GS IV: Ethics, dignity of individuals, inclusive values

• Prelims: PwD definitions, disability laws, SC/ST Atrocities Act