Court of CCPD issues Suo Motu notice to Department of Posts for use of inappropriate terms as "Lunatic Account" for a person with autism.

Court: Chief Commissioner for Persons with Disabilities, New Delhi

Case No: 14668/1102/2023 

Case Title: Suo Motu against Department of Posts, Govt. of India & Anr. 

Date of Notice: 07 Dec 2023

Brief:

The Court of CCPD has taken cognizance of a news item published in the daily, “The Hindu” on 21.11.2023 (Chennai Edition) which says that ‘Post office opens ‘Lunatic Account’ for autisticman; plaint lodged’. According to the news item, a senior citizen-a telecom family pensioner, approached the GKM Postal Colony Post Office in Chennai some months ago to open a savings account and term deposit account in the name of his son who has autism.  He had requested to open a Guardian Operated Account, furnishing his son’s National Disability Identity Card and the Guardianship Certificate given under the National Trust Act. His account was opened but citing a colonial-era legislation, Section 12 of the Government Savings Bank Act, 1873, the Department of Posts is continuing the insensitive practice of classifying the account as “Lunatic Account”. 

Incidently, "as per the Section 12 of Government Savings Bank Act, 1873, persons with unsound mind or incapable of managing his affairs are defined as lunatics and as such, the same terminology is used in Post Office Saving Bank operations," clarified a communication from the department of posts.

The court highlighted the mandate of Section 13 of RPWD Act that provides that the appropriate government shall ensure that the persons with disabilities have rights equally with others to control their financial affairs and have access to bank loans and other forms of financial credit and enjoy legal capacity. The Section and the Preamble of the Act also provides that the autonomy, dignity, and privacy of persons with disability shall be respected;

The court also refered to the UN issued Disability Inclusive Language Guidelines launched by the United Nations in 2019 as part of its UN Disability Inclusion Strategy The said guidelines in its  Annexure I lists various commonly used terms, which should be avoided and has also mapped such terms with corresponding terms recommended by the UN. The policy of the UN aims to establish the highest levels of commitment and a vision for the United Nations system on disability inclusion for the next decade, and aims at establishing an institutional framework for the implementation of the Convention on the Rights of Persons with Disabilities and the 2030 Agenda for Sustainable Development, among other international human rights instruments and development and humanitarian commitments.

Here is the Suo Motu Notice: