Insulting The Disables Is A Criminal Offence

It’s a shame that there are still some people who insult the disabled and question their ability. Thankfully, now they’d think twice before doing so.

If someone has been violent or hostile towards a disabled person, then he/she has been the initiator of a hate incident. These types of disability incidents can happen anywhere. A scene is described as disability hate incident if it was carried out because of hostility or prejudice against disabled people. This means that if an impaired person believes an occurrence to be something like that, it should be recorded as such by the person to whom the whole ordeal is being reported to.

The Persons With Disabilities Act passed by the government has classified persons with disabilities into 3 categories:

• Person having disability
• Person with benchmark disability
• Person with disability who require high support

A person with disability is defined as a patient with long term physical, mental, intellectual or sensory impairment.

The second category is described as a patient with over 40 per cent of a specified disability where it has not been defined in measurable terms.

A person with disability who requires high support means a patient with benchmark disability certified under clause (a) of sub-section (2) of section 58 who needs a great amount of support.

Is it possible to be a victim of a disability hate incident even if a person is not disabled?

Well, the answer is yes. It simply depends on the offender’s mind. You can be a victim of a disability hate incident if someone believes you’re disabled. For example, if someone targets you because you have a disabled child or a family belonging.

What are the occurrences termed as disability hate incidents?

Disability hate incidents can take many forms including:

• Verbal and physical abuse
• Bullying
• Teasing
• Online abuse
• Threatening behaviour
• Threatening or insulting texts
• Damage to property

Hate incidents are not just carried out by strangers. It could be carried out by a carer, a neighbour, a teacher or someone you consider to be a friend. Such types of cases can be handled through Indian organizations for persons with disability.

When does a disability hate incident becomes hate crime?

When a disability hate incident turns to a criminal offence, it’s known as a disability hate crime. It can be any criminal offence targeted from extreme hostility or prejudice against disabled people.

Remember, the incident you have suffered may still be a crime even if it’s difficult to show that it was carried out because of hostility based on disability. So stay watchful and keep an eye out for disability hate incidents. Even if you are not affected, make sure to report an incident in case you witness it.