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 Introduction

Introduction

What is disability?

In general, disability refers to a condition or impairment that may limit a person’s physical, sensory, intellectual, or mental abilities, leading to difficulties in performing everyday activities. Disabilities can be congenital (present at birth) or acquired due to illness, injury, or other factors. From a medical perspective, disability is often classified into different categories based on the nature and extent of the impairment. The medical model of disability focuses on the individual’s physical or mental condition and views disability as a personal deficiency. It emphasizes medical interventions, treatments, and rehabilitation to alleviate or manage the disability.

However, the understanding of disability has evolved beyond the medical model to embrace the social model of disability. The social model recognizes that disability is not solely a result of individual impairments but is also shaped by the societal and environmental barriers that hinder full participation and inclusion. According to this model, disability is seen as a social construct that arises from the interaction between individuals with impairments and an inaccessible or discriminatory environment. In order to remove barriers, promote inclusivity, and empower individuals with disabilities to participate actively in all aspects of life, the rights-based approach is highlighted. In India, the Rights of Persons with Disabilities Act, 2016, reflects this evolving understanding of disability by emphasizing the rights and entitlements of persons with disabilities and promoting their inclusion in society.

As per Section 2(t) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, ‘Person with disability’ is defined as “a person suffering from not less than forty percent of any disability as certified by a medical authority.” and Section 2(s) of the Rights of Persons with Disabilities Act, 2016, defines a ‘Person with disability’ as “a person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.”

Also read: The Mental Healthcare Act, 2017

What are the Rights of Persons with Disabilities under the RPWD Act, 2016?

The Rights of Persons with Disabilities (RPWD) Act was commenced in 2016 whereas the enactment of this Act replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This Act was enacted to “give effect to the United Nations Convention on Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.” This Convention formulates certain principles to empower persons with disabilities including:

“Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of persons;

Non-discrimination;

Full and effective participation and inclusion in society;

Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity;

Equality of opportunity;

Accessibility;

Equality between men and women;

Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities.”

In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, seven conditions of disabilities were identified which include, hearing impairment, blindness, leprosy cured, locomotor disability, low vision, mental illness, and mental retardation. In 2016, this Act was replaced by the Rights of Persons with Disabilities (RPWD) Act which expanded the categories of disabilities from 7 to 21. The added list of disabilities includes dwarfism, acid attack victims, speech and language disabilities, muscular dystrophy, specific learning disabilities, hard of hearing, autism spectrum disorders, blood disorders such as thalassemia, sickle cell anemia, and hemophilia, cerebral palsy, chronic neurological disorders such as Parkinson’s disease and multiple sclerosis, and multiple disabilities. The primary objective of this Act is to ensure that disabled people are able to live a respectful and dignified life. Also, it helps in protecting disabled people from any discrimination and ensures their political, economic, and social participation.

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Investigation

An investigation is a systematic and organized process of gathering information, evidence, and facts to uncover the truth or establish the circumstances surrounding a specific event or situation. It involves the diligent examination, analysis, and evaluation of available resources and sources to discover relevant details and establish a comprehensive understanding of the matter at hand. Investigations can be conducted by law enforcement agencies, private investigators, or other professionals with the aim of solving crimes, resolving disputes, uncovering misconduct, or obtaining information for decision-making purposes. The process typically involves various techniques such as interviews, research, surveillance, and forensic analysis to uncover the truth and provide a basis for further action or resolution. Investigations are conducted only by those police officers or any other professionals who have been assigned the case. In order to conduct the investigation, the Magistrate has the power to authorize any other person to investigate the case on his behalf. The investigating officer has to maintain a ‘Case Diary’ which includes detailed information about what was observed throughout the investigation as well as it includes the starting and closing time of the investigation. After the registration of FIR, the line of investigation is decided in relation to the case that is whether there is eyewitness or any circumstantial evidence.

Eyewitness: One who has seen the occurrence of an incident.

Circumstantial evidence: Something that connects various circumstances to the crime such as previous animosity, threats, and last seen theory.

At different stages of investigation, three types of reports are to be prepared that are listed as follows:

A preliminary report is to be submitted to the Magistrate from the officer-in-charge of a police station, as mentioned in Section 157 of CrPC.

An investigation report is to be submitted from the subordinate officer to the officer-in-charge of the police station, as mentioned in Section 168 of CrPC.

A final report is to be submitted to the Magistrate after the completion of the investigation, under Section 173 of CrPC.

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Introduction

Part I: Alibi — The Defense’s Shield

An alibi is a powerful legal defense strategy employed in criminal trials. At its core, it aims to provide evidence that the defendant was not present at the scene of the crime when it occurred. The term ‘Alibi’, as it is, is neither defined in the Indian Penal Code nor the Indian Evidence Act, 1872. It was recognized as a Rule of evidence under Section 11 of the Indian Evidence Act. Along with this, Section 103 of the Indian Evidence Act also deals with the Plea of Alibi. It states that “The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.” Here are the key aspects of an alibi:

Absence at the Crime Scene: The fundamental premise of an alibi is that the defendant, at the time of the alleged criminal activity, was located elsewhere. This absence is crucial to create reasonable doubt in the minds of jurors or the presiding judge.

Establishing Reasonable Doubt: Alibis are introduced to raise doubts about the defendant’s culpability. By proving that the defendant could not have committed the crime due to their presence elsewhere, the defense aims to undermine the prosecution’s case.

Corroborative Evidence: Alibis often involve presenting corroborative evidence, such as witness testimonies, documents, or surveillance footage, to support the defendant’s claim of being at a different location during the alleged crime. This evidence bolsters the credibility of the alibi.

Burden of Proof: In most legal systems, the burden of proving an alibi falls on the defense. This means that the defense must provide convincing evidence to establish the alibi’s credibility.

Challenging the Alibi: The prosecution, in response, may challenge the alibi by presenting contradictory evidence or undermining the credibility of the alibi witnesses.

Part II: Witness — The Eyes and Ears of the Court

In contrast to an alibi, a witness is a person who provides firsthand knowledge or testimony related to an event or situation in a legal proceeding. Here comes a question, ‘who may testify?’ The same is defined efficiently under Section 118 of the Indian Evidence Act, which states that “All persons shall be competent to testify unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.” Witnesses can be called by either the prosecution or the defense, and they serve various roles:

On July 5, 2023, the Supreme Court Collegium recommended the elevation of two Chief Justices of two High Courts as judges of the Supreme Court. The recommended names are Chief Justice of Telangana High Court Ujjal Bhuyan and Chief Justice of Kerala High Court S. Venkatanarayana Bhatti. The Collegium members made recommendations, constituting Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice BR Gavai, Justice Sanjiv Khanna, and Justice Surya Kant. In a resolution published on July 5, the Collegium noted “The Supreme Court of India has a sanctioned strength of thirty-four Judges and is presently functioning with thirty-one Judges. Thus, there are three clear vacancies. That makes it imperative for the Collegium to take steps to fill up the vacancies with a view to augment the working judges’ strength to take care of the backlog of cases and the large institution of fresh matters.

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Read more supreme court updates

16 May, 2023

On May 15, 2023, the state of Tamil Nadu informed the Supreme Court through a counter affidavit stating that the makers of the controversial film ‘The Kerala Story’ have made false statements regarding the ban on the movie by the Tamil Nadu government. According to the filed counter affidavit, the film was released in Hindi in 19 multiplexes in Tamil Nadu on its release date, May 5, 2023. It also highlighted that initially there was no order to ban the screening of the film in the state. Moreover, essential safety precautions were taken by the State to safeguard the freedom of speech and expression. 

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Shiv Sena Rift: Supreme Court to deliver judgment today

11 May, 2023

Today, the Constitution bench of the Supreme Court is hearing the Shiv Sena case related to the rift between Uddhav Thackeray and Eknath Shinde factions. 

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Same-sex Marriage Recognition: Supreme Court to resume hearing tomorrow.

10 May, 2023

Today, the Constitution bench of the Supreme Court heard, for the ninth day, the arguments in the Same-sex Marriage Recognition case. The hearing will again resume tomorrow, May 11, 2023. The argument today was mainly on adoption rights. 

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Same-sex marriage recognition: Constitution bench hearing for the eighth day, today

09 May, 2023

Today, the Constitution bench is hearing for the eighth day a batch of petitions seeking legal recognition of same-sex marriage in India. The Constitution bench hearing the matter constitutes Chief Justice of India DY Chandrachud, Justice S Ravindra Bhat, Justice Hima Kohli, Justice PS Narasimha, and Justice Sanjay Kishan Kaul. 

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Controversial movie ‘The Kerala Story’: Supreme Court to hear filmmaker’s plea against the ban of film in West Bengal on May 12

10 May, 2023

Today, Senior Advocate Harish Salve mentioned the matter related to the ban of the controversial movie ‘The Kerala Story’ in West Bengal before the Supreme Court. The petition was filed by the filmmakers against the West Bengal's decision to ban the movie in the state. The bench consisting of Chief Justice of India DY Chandrachud and Justice PS Narasimha agreed to hear the matter on May 12, 2023. 

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Manipur Violence: Supreme Court says, “It is presidential power to designate a Scheduled Caste or Scheduled Tribe”

09 May, 2023

On May 08, 2023, the Supreme Court of India was hearing a batch of petitions on Manipur violence where Dinganglung Gangmei approached the Court against the Manipur High Court’s order regarding the Schedule Tribe status for the Meitei Community as a tribe of Manipur. The matter was mentioned before the Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha.

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Supreme Court remarks, “At least 40% of litigation by Centre and States is frivolous”

08 May, 2023

On May 8, 2023, a counsel appeared before the Supreme Court bench to mention a service matter. While hearing the matter, the Supreme Court remarked that “At least 40% of litigation by Centre and States is frivolous. 

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Supreme Court to hear a batch of petitions in Manipur Violence case today (May 8, 2023)

08 May, 2023

The batch of petitions on the Manipur situation will be heard by the Supreme Court bench including Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala today (May 8, 2023). Dinganglung Gangmei, the Chairman of the Hill Areas Committee of the Manipur Legislative approached the Supreme Court against the order of the High Court of Manipur in context with the Schedule Tribe status for the Meitei Community as a tribe of Manipur. The petition filed argued that such an order resulted in violence within the state resulting in the death of 19 people. 

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Omission of a singular fact would lead to an incomplete cause of action: Supreme Court in Kanimozhi’s case

05 May, 2023

On May 04, 2023, the Supreme Court of India dismissed an election petition filed against DMK (Dravida Munnetra Kazhagam) leader Kanimozhi Karunanidhi. In 2019, she was elected as a member of Parliament from Thoothukudi Lok Sabha constituency. The matter was heard by a two-judge bench of the Supreme Court comprising Justices Ajay Rastogi and Bela M Trivedi. The bench said that “It is the duty of the court to examine the petition irrespective of any written statement or denial and reject the petition if it does not disclose a cause of action.” 

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