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VOL. 11, ISSUE 5 (2025)
Bridging the implementation gap: Disability-inclusive access to justice under the BNSS 2023 and the RPWD Act 2016
Authors
Shivani, Dr. Rishi Kulshreshth
Abstract
Access to justice for women with disabilities
remains a pressing concern within India’s evolving criminal justice framework.
While the Rights of Persons with Disabilities Act 2016 guarantees equality,
non-discrimination, and reasonable accommodation, practical enforcement within
justice institutions has remained uneven. The enactment of the Bharatiya
Nagarik Suraksha Sanhita 2023 (BNSS) introduces victim-sensitive and
technology-enabled procedural reforms, including video-recorded statements and
enhanced safeguards for vulnerable witnesses. This paper critically examines
whether these reforms substantively strengthen disability-inclusive access to
justice and whether institutional mechanisms effectively operationalize the
mandates of the RPwD Act. Based on doctrinal and policy analysis of statutes,
judicial precedents, and institutional reports, the study finds that although
the BNSS provides a stronger normative framework, significant implementation
gaps persist in infrastructure compliance, training, and accountability. The
paper argues that harmonized Standard Operating Procedures and measurable
institutional oversight are essential to bridge the gap between legislative
intent and practical accessibility.
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Pages:128-133
How to cite this article:
Shivani, Dr. Rishi Kulshreshth "Bridging the implementation gap: Disability-inclusive access to justice under the BNSS 2023 and the RPWD Act 2016". International Journal of Law, Vol 11, Issue 5, 2025, Pages 128-133
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