Delhi High Court issues directions to provide gadgets, infrastructure in courts to ensure disabled persons can participate in trial

The Delhi High Court recently ordered the Delhi government to provide infrastructure and financial assistance to procure essential gadgets so that persons with disabilities can participate in court proceedings [Rakesh Kumar Kalra Deaf Divyang v State of NCT of Delhi]. .Justice Swarana Kanta Sharma said that installation of such gadgets and infrastructure will ensure that such persons with disabilities are able to better understand and meaningfully participate in judicial proceedings, whether criminal or civil.“The concerned Government, in addition to the facilities/equipment suggested by this Court, shall take into account all other facilities and equipment which can be provided which would facilitate recording of arguments or evidence before the Courts of law in cases of accused persons with disabilities as per Section 12(4)(c) of the Act,” the Court ordered.It directed the Delhi State Legal Services Authority (DSLSA) to prepare a comprehensive scheme including the mode and way accused persons with disabilities will be able to access justice.“Secretary, DSLSA will also formulate a scheme for the benefit of accused persons with disabilities for their communication and better understanding of their cases and proceedings before the Court by acquiring latest assistive technology. In this regard, they will consult the necessary stakeholders and will furnish such list and scheme within one month to this Court as well as to the Secretary, Department of Law, Justice and Legislative Affairs, Government of NCT of Delhi for execution of this noble purpose,” the Court said. .The Court further asked the Registrar General of the High Court to explore possibility of a room on the lines of vulnerable witness room, for accused persons with disabilities who are unable to access the Courts and the justice system with equality and dignity.The judge said that Registrar General shall also consider making interim arrangement in this regard. “To increase awareness among the public at large and to inform them about availability of resources to ensure accessibility to justice to accused persons with disabilities, a Nodal Officer or any such person who can be contacted in this regard be appointed by the concerned District Judge and the phone number of the said official/person be mentioned on the website of every District Court as well as this Court.”It further ordered the Delhi Judicial Academy to hold a programme for the trial court judges, lawyers, court staff and police for sensitization and information about the availability of services for the persons with disabilities in the Court premises and as to how and when they can be made available.“A training module by the Academy be also prepared for educating and training the Court staff and the Nodal Officer in this regard.”The Court finally ordered the government to comply with the directions within three months and asked the Secretary, DSLSA to file a compliance report within a month.“A copy of this judgment be forwarded to (i) Secretary, Department of Law, Justice and Legislative Affairs, Government of NCT of Delhi, (ii) Secretary, Delhi State Legal Services Authority, (iii) Registrar General, Delhi High Court, and (iv) Director (Academics), Delhi Judicial Academy, for information and necessary compliance,” Justice Sharma directed..The Court passed these directions while dealing with a case filed by a man with hearing disability since childhood and is also suffering from post-traumatic stress disorder induced cataract of eyes and post traumatic fractured maligned jaw joint stiffness. He sought directions to the State to constitute a Special Court as per Section 84 of the Rights of Persons with Disabilities Act, 2016 and to make arrangements for him during the criminal trial which he is facing..After considering the case, the Court made Senior Advocate N Hariharan amicus curiae and asked for his suggestions as well..The Bench observed that a person with disability who is an accused or litigant is entitled to equal and fair trial. Therefore, it is critical that the barriers in the court system which affect persons with disabilities in equal participation in the judicial process do not suffer from non-accommodation by the court, court system or other stakeholders in the administration of justice, it stressed. Justice Sharma was also of the view that Courts must devise alternative methods to ensure that persons with disabilities facing trial can avail special means or facilities. These can be the use of braille to enable them to read, use of sign language and new computers through which visually impaired person can use speech synthesizers.The court complex and buildings should be disabled friendly, not only as far as their entry and exit is concerned, but the court rooms should also be disabled friendly and therefore should be clear indication for designated court rooms.“At times, Courts may experience cases of hidden disabilities or invisible illness such as autism or psychological disorders including post traumatic stress disorder. Similarly, for instance, some people with visual or auditory disabilities who do not wear glasses or hearing aids may not appear to be disabled. It is therefore essential that the persons involved at pre-trial stage, whether police officials or lawyers or judges, are adequately trained to recognize those forms of disability that are not immediately apparent and to accommodate any needs that may arise.”.Advocate Dharmendra Kumar, Anjana, Manoj Kumar, Rajmani Mishra and Nitin Sharma appeared for the petitioner Rakesh Kumar Kalra.Senior Advocate N Hariharan acted as amicus curiae. He was assisted by advocates Aman Shreyas, Siddarth S Yadav, Punya Rekha Angara, Prateek Bhalla, Sharian Mukherji and Mueed Shah.Additional Standing Counsel (ASC) Rupali Bandhopadhya appeared for the State.Central Government Standing Counsel (CGSC) Anurag Ahluwalia and Advocate Abhiyan Siddhant appeared for Union of India.Advocate Ajay Verma represented the DSLSA..[Read Judgment]