Arushi Garg


This paper provides a critical analysis of the Supreme Court judgment in Eera v. State. It then uses this assessment to initiate a broader discussion on the inaccessibility of the criminal justice system to disabled rape victims. It is found that to some extent, this inaccessibility remains embedded within the legal framework. In other respects, it is a consequence of the failure to implement progressive legislation. Drawing from intersectionality theory and the social model of disability, this paper argues that institutional failures to cater to the needs of disabled persons render the legal system discriminatory. Addressing these failures is, therefore, not merely a concession to be made to ‘vulnerable’ populations, but a matter of safeguarding the rights of disabled persons. It thus urges the adoption of a rights-based framework in determining the systemic changes that remain to be made to the legal system.

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Arushi Garg, 'Navigating Through 'Age' and 'Agency' in Eera v. State' (2018) 14(1) Socio Legal Review 79.

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