National
Listening to those who’re hard of hearing
Trafficking victims with hearing impairment now can choose sign language experts of their choice during court hearings, in a move that makes it easier for them to voice their plight and concerns and put their case strongly.Pratichya Dulal
Trafficking victims with hearing impairment now can choose sign language experts of their choice during court hearings, in a move that makes it easier for them to voice their plight and concerns and put their case strongly.
Until recently, hearing- or visually-impaired victims of trafficking had no choice but to get aided by translators/ interpreters made available by the courts, which would make it difficult for them to put their case properly as chances of facts getting lost in translation were high.
The confusion between the translator(s) and the victim(s) and wrong interpretation made the government amend some of the articles of the Human Trafficking and Transportation (Control) Act. With the amendment to the Act last month, trafficking victims with disabilities, including those with hard of hearing, can now choose an interpreter of their choice. The Act was amended to ensure gender equality and easy access to justice to victims.
According to the Ministry of Women, Children and Social Welfare (MWCSW), one of the line ministries involved in the amendment process, the latest development will help ensure that what the victim says reaches the presiding judge accurately.
“Earlier, there were chances of facts getting lost in translation due to misunderstanding between translators/ interpreters and victims,” said Nira Adhikari, an official at the MWCSW. “Such chances can be significantly reduced if both the victim and the interpreter know each other and use similar signs.”
Article 11 of the Act states: “If victims cannot understand the language used during court hearings, they can hire a translator or sign language interpreter, and the government of Nepal will bear the cost when such experts are hired at the request of the victims.” Courts generally provide assistants for victims with disabilities, but this is first such instance where the state grants the victims the right to choose interpreter of their choice.
People with disabilities, however, are skeptical about the implementation of the new law. They argue that people with disabilities are not always aware of the rights granted to them, and those concerned rarely go out of their way to help them out.
“The new law is commendable, but formulating laws alone is not enough, as the state needs to ensure that it is fully implemented as well. The state assigns an aid or interpreter for victims with disabilities as per their needs, but only a few have been able to enjoy the facility, as they are not aware of it,” said Tika Dahal, General Secretary of National Federation of Disabled Nepal.