Supreme Court considers guidelines for trials involving defendants with communication disabilities, ET HealthWorld

In a recent development, the Supreme Court has taken up the issue of establishing guidelines for conducting trials against accused individuals with hearing and speech disabilities who are medically fit to commit serious crimes such as rape. Justices Surya Kant and K V Viswanathan acknowledged the lack of existing guidelines in this regard and decided to address the matter. The decision came during a case where the court denied bail to a man with hearing and speech impairments who was convicted of raping two minor girls.

The bench highlighted the absence of specific parameters and guidelines for conducting trials against deaf and mute accused individuals who are mentally sound and physically capable of committing severe offenses like rape. It ordered notices to be issued to the Union of India through the Attorney General as well as to the state of Chhattisgarh, with a return date set for July 26, 2024, to deliberate on the legal question at hand. The court, after reviewing the case and hearing arguments from the petitioner’s counsel, expressed its initial satisfaction with the lower courts’ decision to convict the accused of raping two young girls aged 7 and 8.

The Supreme Court emphasized the importance of addressing the unique challenges faced in conducting trials involving accused persons with hearing and speech disabilities but who are medically fit to stand trial for serious offenses. The upcoming hearing on this issue is expected to provide clarity and establish important guidelines for ensuring a fair and effective judicial process for such individuals in the future.