Farhan Khan, Faculty of Law, Jamia Millia Islamia
INTRODUCTION
This legal note addresses the critical issue of the legal obligations of law enforcement in India to ensure the rights and protections of deaf and mute individuals during arrest and custody. The inquiry specifically examines how these obligations influence bail decisions in cases involving serious criminal charges, such as murder. Given the communication barriers faced by deaf and mute individuals, safeguarding their rights throughout the criminal justice process is of paramount importance.
Despite the comprehensive legal framework in India designed to protect the rights of individuals with disabilities, there is currently no specific legal guidelines dedicated to safeguarding the rights of deaf and mute individuals accused of crimes while in arrest and custody. This gap in the law was highlighted by the Supreme Court in April 2024 while hearing the case of Ramnarayan Manhar v. State of Chhattisgarh1, when it recognized the absence of clear guidelines for the trial of deaf and mute individuals accused of heinous offenses, such as rape. The Court’s acknowledgment underscores the urgent need for legal reforms that address the unique challenges faced by these individuals.
In the absence of a specialized legal framework, the rights and obligations concerning deaf and mute individuals must be drawn from broader constitutional and statutory provisions. The Rights of Persons with Disabilities Act, 2016, and the Constitution of India, particularly Articles 14, 21, and 22, collectively aim to ensure that disabled individuals receive the necessary accommodations and support during the legal process. This note will explore how these constitutional and statutory obligations are applied in the context of arrest, detention, and bail, with a particular focus on their impact on judicial decisions.
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