IN THE SUPREME COURT OF INDIA
PUBLIC INTEREST LITIGATION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA
IN THE MATTER OF:
Implementation of Accessible SMS and Text-Based Emergency Communication in the 112 Emergency Response System, and Allied Reforms for Persons with Hearing and Speech Disabilities.
Petitioner:
Aman Azad
Founder, News4Deaf
Disability Rights Activist
Respondents:
Union of India, Ministry of Home Affairs, New Delhi
Union of India, Ministry of Social Justice & Empowerment, New Delhi
Union of India, Ministry of Health & Family Welfare, New Delhi
Union of India, Ministry of Communications (Department of Telecommunications), New Delhi
Telecom Regulatory Authority of India (TRAI), New Delhi
All State Governments and Union Territories
Emergency Response Support System
This PIL addresses the grave and systematic exclusion of approximately 63 million deaf and mute Indians from lifesaving emergency services.
The nation’s 112 Emergency Response Support System (ERSS), though technologically capable and legally mandated to be inclusive, remains voice centric, failing the right to life, equality, and dignity for persons with hearing and speech disabilities.
The PIL seeks enforceable directions for: (1) mandatory SMS-based emergency access on 112; (2) 24/7 video relay service integration; (3) standardized identification flag system; (4) police and healthcare protocol reforms; (5) comprehensive reforms for accessibility, technology upgrades, and legal compliance.
GROUNDS
I. THE EMERGENCY ACCESSIBILITY CRISIS
Demographics & Gravity: At least 63 million Indian citizens are deaf, and 19 million are mute as per Census 2011, with numbers only rising. Deafness and muteness remain invisible disabilities, leading to dangerous gaps in recognition and emergency response.
Systemic Inaccessibility: Although the 112 ERSS claims to support SMS communication, in reality there is no dedicated, accessible, or trained SMS protocol for the deaf community. TRAI has recommended such access since 2015, yet there is no functional implementation.
Severe Consequences: Deaf and mute persons cannot call for help during fires, attacks, or medical emergencies. Relying on others, or note-writing, introduces fatal delays. Extended isolation, greater ER visits, and increased fatalities are well documented in India and worldwide.
II. CONSTITUTIONAL VIOLATIONS
Article 14, Equality: Discrimination is created by providing instant, easy access to emergency help for hearing persons, while the deaf/mute population is left dependent and exposed.
Article 19 Freedom: Lack of direct emergency communication restricts independent movement, leading to social and economic isolation.
Article 21, Life, Liberty, Dignity: When a deaf person cannot report crime, seek ambulance help, or avoid wrongful arrest due to communication failures, their right to life and dignity is gravely violated.
III. FACTUAL & DOCUMENTED ABUSE
Police Misconduct:
Delhi (2023): Deaf man arrested as “drunk” when he didn’t respond to police.
Bangalore (2024): Arrest for “rude hand movements” (signing).
Kolkata (2024): Physically restrained when showing disability certificate.
Other cases include deaf persons being assaulted or detained due to misunderstanding or inability to communicate.
Medical Mistreatment:
Lucknow (2024): Deaf heart attack victim kept in psychiatric ward for 3 hours. Frequent misdiagnosis as psychiatric/intoxicated is documented, resulting in treatment delays and harm.
Road Safety:
Deaf pedestrians face 300% higher accident risk due to inability to hear horns, sirens, and warnings.
IV. INTERNATIONAL MODELS – PROOF OF VIABILITY
New Zealand (111):
SMS-based registration achieves response times equal to voice, reduces hoax calls, and offers secure documentation.
UK (999BSL):
Video relay lets deaf call with interpreters. Helped save drowning persons in emergencies.
France (114):
Unified text/video/voice approach covers 80,000+ users.
USA (Text-to-911):
Mandated, works on basic phones. Dispatch time reduced, improved accessibility for many.
V. PETITIONER’S INITIATIVES & PRIOR LITIGATION
Global SOS Apps: Petitioner pioneered a Police/Hospital SOS app for the deaf, featuring silent one-tap alerts, auto-GPS, and worldwide geo-fencing, providing pre-written emergency texts in a way that hearing persons take for granted.
Barrier to Full Functionality: Lack of government-shared, verified emergency database (police/hospital contacts & GPS) blocks full rollout. Repeated requests have been unaddressed.
Previous PIL: Advocacy for American Sign Language in deaf schools; push for standardized educational and professional support for this community.
VI. STATUTORY & TREATY VIOLATIONS
Rights of Persons with Disabilities Act, 2016: Mandates equality and protection under sections 3, 8, 20, and 40 specifically require emergency accessibility.
UNCRPD: India is bound under Articles 9, 11, 13 for accessibility, emergencies, and equal access to justice.
VII. CORE BENEFITS OF SMS/ID SYSTEM IMPLEMENTATION
Life-Saving & Dignity: Real time autonomous access: no need to depend on others.
24/7 help via basic or smart phones, supporting location and direct understanding.
Written records aid legal investigation and accountability.
Works during network congestion when voice fails.
Community & Institutional Awareness: Identification flag system reduces wrongful arrest, increases immediate visual assistance, and enables tailored help.
Effective in international and Indian pilot programs already in use.
PRAYERS
WHEREFORE, the Petitioner respectfully prays this Honorable Court may kindly:
1. DECLARE
That the absence of a functional SMS/text-based emergency system on 112 constitutes a violation of Articles 14, 19, 21 and RPWD Act.
2. DIRECT Respondents to IMPLEMENT (within 6 months):
a. SMS registration portal for deaf persons
b. Standard PSAP protocols: Auto-SMS acknowledgment (30s), GPS extraction, written templates (“FIRE/POLICE/MEDICAL at [location].
c. Operator training in text protocols and disability awareness.
d. Automatic integration with dispatch systems.
3. MANDATE Department of Empowerment of PwDs and ISLRTC to:
Extend Video Relay Service to 24/7, link directly with 112, recruit and train sign language interpreters for emergencies.
4. ORDER a standardized, wearable identification flag for the deaf/mute with clear symbol and “I am deaf/mute” in local and English, free of cost, through district disability offices.
5. DIRECT NATIONWIDE TRAINING for police:
All officers trained in recognizing the new ID flag, understanding basic sign language (minimum 50 words), and proper response.
6. REQUIRE MINIMUM ONE “Deaf-Friendly Police Station” per district with signage, communication boards, access to interpreter/video call, and protocol reforms.
7. DIRECT health departments to:
Train staff, provide visual aids, ban misdiagnosis of deaf as psychiatric, and require written communication/informed consent protocols.
8. REQUIRE state governments to:
Include disability awareness in all driver licensing.
Install visual signals at crossings, near schools/markets, and places with high foot traffic.
9. MANDATE government data-sharing:
Provide verified, up-to-date CSV databases of all police stations/hospitals (names, GPS, contacts, WhatsApp, emails) for use in accessibility apps. Support integration of proven SOS apps and promote via official channels.
10. ORDER budget allocations:
Central and State funding proportional to disability population for training, upgrades, ID deployment, and technology.
11. ESTABLISH a National Emergency Accessibility Monitoring Committee (Petitioner as member) to ensure and audit compliance, review outcomes, and address grievances.
12. PROVIDE interim relief:
Immediate public awareness about SMS possibility on 112
Pilot SMS 112 system in every state within 3 months
Early focus on operator training and flag distribution
13. RETAIN CONTINUING MANDAMUS until full compliance and community satisfaction.
14. AWARD such other relief as this Honorable Court may see fit.
Petitioner
Aman Azad
Founder
News4Deaf
Disability Rights Activist
