In a landmark opinion piece, authors Arushi Singh and Vijay K Tiwari argue that Indian courts must urgently discard ableist language in judicial pronouncements. Such language, they contend, directly undermines constitutional guarantees of dignity and equality for persons with disabilities.
The Problem of Ableist Language in Judgments
The authors highlight that judicial observations often use terms that stigmatise disability, reinforcing harmful stereotypes. This not only affects the litigants but also shapes societal attitudes. The Constitution promises equality and dignity to all, yet ableist language in court orders perpetuates discrimination.
Constitutional Guarantees at Stake
Article 14 guarantees equality before the law, and Article 21 protects the right to life with dignity. When courts use derogatory or insensitive language regarding disability, they violate these fundamental rights. The authors call for a conscious shift towards person-first language that respects the individuality of persons with disabilities.
Call for Judicial Sensitivity
Singh and Tiwari urge the judiciary to adopt guidelines for disability-inclusive language. They cite examples from other jurisdictions where courts have reformed their lexicon to promote inclusion. The piece concludes that discarding ableist language is not just a matter of political correctness but a constitutional imperative.
The opinion, published on 11 June 2026, has sparked debate on the need for sensitivity training for judges and legal professionals. It emphasises that language shapes reality, and inclusive language can pave the way for a more equitable society.
