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Abstract
Although there is a world-wide trend towards women with disabilities attempting to establish their own identity in this complex society, their condition remains very different in the developing countries particularly, India. The plight of women with disabilities is very depressing as they face a triple handicap and discrimination due to their disability, besides the gender issues. Violence against women with disabilities can range from neglect to physical abuse to denying them even the traditional roles of marriage and childbearing. This article addresses the problem of sexual assault of women with disabilities in the Indian context, highlighting on some of the loopholes in the Indian legal system. Method: The article has primarily been based on review of various books, articles and government and other related documents. Outcomes: Review of literature has revealed that in majority of the instances a significant portion of perpetrators have been found to be male caregivers followed by the male family members and strangers constitute only a miniscule of the percentage of the abusers. Adding to this legal system has further aggrieved the situation as the criminal law in India has also not adequately addressed the problem of sexual assault of women with disabilities. Conclusion and implications: The article concludes by suggesting possible strategies to reinstall the position of women with disabilities in a community based rehabilitation setting. It advocates the need to create a supportive environment for disclosure of sexual assault and responses to it will be characterised by belief in the victim, dignity and respect.
In India, women with disabilities need to be provided with adequate knowledge about sexuality which will equip them to understand that they have been sexually assaulted.
There is the need for policy makers to ensure greater accessibility to complaint and redressal mechanisms for women with disabilities.
Efforts need to be made to strengthen the legal system and necessary legal aid/help to bring the perpetrators of such crime to justice has to be provided.