BREAKING BARRIERS: FREEDOM OF EXPRESSION FOR PERSONS WITH DISABILITIES IN THE DIGITAL ERA

Abstract

Freedom of expression is one of the important aspects of a democratic country and India being one of them provides for freedom of expression as a fundamental as well as human right in the Constitution of India. Freedom of expression allows people to share their thoughts, opinions, exchange ideas and take part in public life giving all the opportunities to a person to put his/her feelings out to everyone in the society. With the rapidly growing digitalization, freedom of expression is now not only limited to newspaper, books and articles rather it has also extended to internet, social media and digital platforms which has made this freedom even more powerful. A needy section of the society which is Persons with Disabilities (PWDs) will now have new opportunities to speak up and be heard without facing any physical barrier which limits their participation in the mainstream of the society. This Research Paper will look at how the growing technology would help the persons with disabilities (PWDs) to shape their freedom of expression in the digital world. It will include a comprehensive study of international rules like United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), especially Article 21, which guarantees the right to share and receive information equally. At the same time, this paper will also examine Rights of Persons with Disabilities Act (2016), a prominent disability law in India, which makes it a duty for the State and Private actors to ensure digital accessibility for persons with disabilities (PWDs) so that they feel included without facing any discrimination. This paper will also show that how tools such as screen readers, voice-to-text apps, subtitles, and accessible website design have helped many PWDs take part in digital discussions, education, and activism. Despite these tools, the digital platforms are still not properly accessible and the persons with disabilities (PWDs) face harassment and feel unsafe in these online spaces. This shows the problem of enforcement of law which is poor despite India having a comprehensive law for disabled people. This research paper not only deals with the Indian legal framework but will also include legal frameworks of other countries such as Qatar, Israel and Australia that have performed and scored really well in the area of digital accessibility for PWDs as per ‘DARE INDEX 20201 ’ (Digital Accessibility Rights Evaluation Index) published by G3ict (Global Initiative for Inclusive Information and Communication Technologies). This paper argues that freedom of expression will only make sense for PWDs only if the digital platforms or online spaces are made accessible to them where they can be heard, express themselves and contribute equally in the society. This requires not only making good laws but also enforcing those laws strictly, making more awareness on the digital platforms both in public and private sectors and active involvement of PWDs in making policies because accessibility is not just about technology but a matter of human rights.