The Supreme Court has launched its official ‘Handbook Concerning Persons With Disabilities’ that has detailed guidence on how to avoid language that perpetuates stereotypes about disabilities against Persons with disabilities. It elaborates on terms that must be avoided and provides alternative, respectful language for use in legal documents, orders, and judgments.
The handbook provides better and suitable alternatives to "offensive terms such as crippled, idiot, loony, mad, junkie and retard in any derogatory contexts.” For instance it advises against the use of descriptions like infirm, stunted, unfit, helpless, crippled, defected, deformed, invalid, lame, maimed, mutilated, or subnormal while referring to PwDs.
Under the Chapter tiltled: 'General Language Principles Concerning Disability and Mental Health,' the handbook states that the language used by judges in their judgments carries immense weight and has the power to shape societal perceptions and attitudes.
"When it comes to addressing matters involving persons with disabilities, the use of sensitive language is of paramount importance. Judges must be mindful of avoiding dehumanising or demeaning terminology that perpetuates stigma and reinforces negative stereotypes. Instead, judges should strive to employ respectful language which empowers and accurately reflects the lived experiences of persons with disabilities. This includes avoiding outdated or offensive terms that may be considered insensitive or derogatory, as well as language that patronises or puts persons with disabilities on a pedestal," the handbook states.
It further adds that by consciously adopting respectful language in their judgments, judges not only promote inclusivity and dignity for persons with disabilities but also set a powerful precedent for others to follow. Their words can challenge deeply ingrained biases and misconceptions, contributing to a broader societal shift towards greater understanding, acceptance, and inclusion of this often marginalised community.
Some general guidelines when referring to persons with disabilities are:
1. Able-bodied Normal Of sound body and/or mind Typical Whole Person without disability
2. Abnormal Atypical Although using “abnormal” and “abnormality” may be appropriate while referring to scientific or medical phenomena such as “genetic abnormality,” avoid using these terms while describing individuals. The use of such terms communicates that persons with disabilities are deviant and irregular.
5. Caretaker (of a person with disability): Caretaker implies the care of property. Alternatively, the caregiver denotes the care of people.
6. Differently-abled Some consider this term inappropriate and condescending since every person is differently-abled. The term also stigmatizes language around disability by substituting it.
The handbook goes on to give details of terms to be used instead in public. For example, it states that instead of using the term 'disabled parking Handicapped parking', one should use 'Parking reserved for persons with disabilities or Accessible parking.' Instead of using the terms 'Disabled washroom, Handicapped washroom', one can use 'Accessible washroom'.
It further explains that the terms "Gifted, Special, People of determination" are understood to be condescending or euphemistically labels persons with disabilities. Preferred language would be: Person with disability or Person with [type of condition/impairment]