SC handbook lists terms to be avoided to refer to persons with disabilities, provides alternatives

NEW DELHI: The Supreme Court on Saturday launched a ‘handbook’ with a glossary of terms that perpetuate stereotypes about disabilities that must be avoided and provides alternative, respectful language for use in legal documents, orders, and judgments.

“Engaging with stereotypes and biases is crucial, as these can subtly influence legal proceedings — whether in the assumptions made about the capacity of a child with disabilities to testify or in the way their credibility is assessed,” Chief Justice of India Dhananjay Chandrachud asserted. He was speaking at the inaugural session of a two-day annual national stakeholders consultation on child protection organised under the aegis of the Juvenile Justice Committee of the Supreme Court in association with UNICEF.

Chandrachud emphasised it must be ensured that the justice system, from the police stations to the courtrooms, understands and responds to the compounded vulnerabilities of children with disabilities. He also cited absence of reliable data on children with disabilities, especially those who are survivors of sexual offences or who come into conflict with the law, as a significant challenge. He said improving data collection systems must be a priority as it is the “foundation for meaningful reforms”.

The ‘Handbook Concerning Persons With Disabilities’ launched by SC on Saturday advised against use of “offensive terms such as crippled, idiot, loony, mad, junkie and retard in any derogatory contexts.” Some other descriptions to be avoided when referring to PwDs include “infirm; stunted; unfit; helpless; crippled; defected; deformed; invalid; lame; maimed; mutilated; or subnormal”.

The CJI asserted that “the handbook aims to aid and sensitise not only the legal community but also society at large, in using inclusive terminology when referring to disabilities.”

When referring to persons with intellectual or learning disabilities or mental health conditions, the terms to be avoided include “crazy; freak; idiot; insane; loony; mad; maniac; nut case; nuts; nutter; psycho; simpleton; stupid or unhinged”.

To avoid stereotypical judgments about a person’s disability, it is stated in the handbook that rather than assuming that all persons with disabilities are “brave, heroic, inspiring, or suffering, burdened, and victimised, avoid value judgments about the person’s experience”. “Use neutral language to simply state the nature of the disability when relevant to the context,” the handbook states.

Also instead of using ‘disabled person’ the handbooks recommends “using the phrasing “person with a disability” as this reflects a people-first approach. It also pointed out that some terms such as “people of determination,” “special,” and “differently abled” are also considered condescending and offensive because they stigmatise the language around disability by substituting it. “Also when possible and if in doubt, ask the individual in question how they would prefer to be described,” it is recommended.

Pointing that the theme of the consultation “protection services for children with disabilities holds a special place in his heart the CJI drew upon his personal journey with his foster daughters who he shared are born with a genetic condition. “As someone who fosters two wonderful young daughters, I am reminded daily of the joy, purpose, and love they bring into my life. They have transformed not only how I see the world but also how I engage with it — strengthening my commitment to creating a more inclusive society where every child, regardless of their abilities, is cherished and protected," the CJI said.
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