Kerala High Court: Terms ‘Deaf and Dumb’ and ‘Hearing Impaired’ are Offensive, Prefers ‘Deaf’ and ‘Hard-of-Hearing’
Last Updated on October 10, 2024 by Athi Venkatesh
The Kerala High Court ruled that the terms “deaf and dumb” and “hearing impaired” are both offensive and outdated. The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha clarified that “deaf” and “hard-of-hearing” are the most accepted terms today. The Court explained that the word “dumb” wrongly implies a cognitive disability, while “hearing impaired” suggests damage or hindrance, making these terms inappropriate.
The ruling came during a case where the respondent, a hard-of-hearing person, was described as “deaf and dumb.” The Court addressed the legal question of whether an inquiry under Order XXXII, Rule 15 of the Civil Procedure Code (CPC), requiring representation through a Next Friend, was mandatory.
The respondent had approached the Family Court for the return of gold ornaments and financial claims. She sought representation through a Next Friend, but her request was dismissed because no inquiry was conducted to prove her inability to protect her interests. The High Court overturned this decision, stating that hard-of-hearing individuals often face isolation and have historically been denied rights, but this is changing.
The Court emphasized that an inquiry under Rule 15 of Order XXXII is necessary and cannot be skipped. It added that when a person with hearing difficulties requests representation through a Next Friend, such assistance should be granted without delay. The Family Court was directed to conduct the necessary inquiry and reconsider the respondent’s application.
