It is a crime to hate disabled persons. This is a biased attitude. Such crimes may take the form of physical assault, threats, bullying, property damage, harassment, verbal abuse or insult etc. 'Hate crime' can veer around disability, race/ethnicity, religion or belief.
Disability is a person's weaker factor that makes it easier for the wrongdoer to commit an offence. The disabled is a classified group of victims who are targeted distinctively for their disability. The victim may face one incident, or organised abuse that may continue for a long time. The targeted victim can be a stranger, a neighbour or even a member of a family. It is very common to see that the disabled people are discriminated against. But they are the vulnerable people who are to be protected by an appropriate authority. Hence, vulnerability of victims is a key factor in all such crimes.
Women and children are the most vulnerable groups in the world and they are protected by laws in most of the developed and developing countries. Some countries have made special laws to protect the disabled people too. These are Disability Discrimination Act, 1992 (Australia), Law on Equal Opportunities for Persons with Disabilities, 1996 (Costa Rica), The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995 (India), Human Rights Act of New Zealand, 1993, Disability Discrimination Act, 1995 (UK), Protection of the Rights of Persons with Disabilities Act, No. 28 of 1996 (Sri Lanka), Disabled Persons Act of 1992 (Zimbabwe) etc.
But it is depressing to see that in many countries, vulnerable groups like the disabled people are out of focus from society. They have no strong voice and therefore, 'disability hate' crimes are being missed out by the justice agencies. This is why the disability crimes have to be reported. Disabled people should not be suffering in silence for their lack of voices.
Article 19 of the Bangladesh Constitution has ensured equal opportunity for all citizens. Article 27 promises equality of all citizens before the law and Article 31 guarantees equal protection of law which is the fundamental right for all citizens of Bangladesh.
It is a matter of fact that the disabled people are enjoying their constitutional rights in Bangladesh too. Can they access public properties like the other citizens? For example, there are some reserved seats in the local transports for disabled people, women and children but there is no space in buses for keeping wheel-chairs for physically disabled people nor is there any reliable facility to get on board a bus. Additionally, it is often seen that the mentally disabled people being hated on streets, parks and even in their own houses by their relatives. They are physically assaulted, insulted and also verbally abused.
To protect the rights and dignity of persons with disabilities, the government of Bangladesh enacted a law titled "Rights of the Persons with Disabilities and their Protection Act, 2013". It is indeed a good step that has been taken by the government for the cause of the disabled. The Act guarantees 21 rights which are included in the national identity cards and voting rights as well.
Disabled people are no enemies nor are they aliens. They are citizens of Bangladesh and they have rights to live in the country like others. The government has enacted laws to protect their rights. However, only legislations will not be able to ensure their rights. The government should take measures to change the social norms regarding violence against the disabled people. It also needs to work with young generation of Bangladesh to let them know that hating the disabled people is a legal and moral crime.
The writer, having LLB & LLM from Nottingham Trent University, UK, is currently working as a
legal research assistant at
Bangladesh Institute of Law and International Affairs.
mrahman.ntu@outlook.com
