Everything can't be left to judiciary: Justice Manmohan on implementing disability rights

Supreme Court judge Justice Manmohan recently called for all organs of State to come together and implement disability rights in the country.

Calling for more awareness of such rights and a concerted effort from all stakeholders, he said,

"All organs of the state should work towards it today. Everything can't be left at the judiciary's doorstep. If you think only judiciary is going to resolve the problems of this country, you are sadly mistaken. We can take the lead, but it will only get implemented at ground level when you and I work together."

Justice Manmohan was speaking at a session on the topic 'Judging and Lawyering at the Margin, Disability Rights and Beyond' organised by the Justice Sunanda Bhandare Foundation.

He stated that the responsibility does not alone lie with the judiciary, but with the legislature and the executive as well.

"A continuous mandamus may be the need of the hour, but keeping with the constraints that we have, we have to ensure that our other organs of the state also rise to the occasion. The Court dockets are full. The legislature will have to be aware of this issue and will have to put in place some mechanism. It cannot be done at the pain of contempt. If we start using the power of contempt repeatedly, it loses its utility at some point of time," he stated.

Justice Manmohan stated that it should be a rights-based approach and not as if some charity is being done.

"This is not some charity being done, after all, this is a right of the person. The mindset of the executive and adjudicators has been that we will deal with it as if one is doing charity. This whole ecosystem has to change. The implementation will arise of judgments with regard to persons with disability when the mindset changes. When the mindset of the common man, as well as of the executive changes. That this is top priority," he stated.

Referring to the role judges have played in supporting the cause, he said,

"It is not just on the judicial side where judges can work. See what we did on the administrative side. In the Delhi High Court we have just opened a small cafeteria which is run by the mentally challenged. Look at the number of people and judges who are sensitised of the issue. You need empathy in the society."

Retired Supreme Court judge, Justice AK Sikri stated that the persons who are suffering from disabilities have the constitutional right to choose and the right to excel.

"First thing which is required at this stage, in so far as judges are concerned, is proper sensitisation and education, particularly at subordinate level in the Judicial Academy." he stated.

Justice Sikri also suggested that schools and law colleges hold sessions for sensitisation.

"Yes, courts are busy. Courts are overburdened, no doubt about it. The courts are given the primary responsibility to do justice and particularly social justice. We have to take time even as judges for these things. Whether we sit beyond four o'clock and do this case for half an hour or 15 minutes, but we must do it," he stated.

The other panelists were Advocate Rahul Bajaj and Deputy Chief Commissioner for Persons with Disabilities Praveen Prakash Ambashta.

Bajaj lauded the measures taken by the Delhi High Court by empaneling lawyers with disabilities and giving hearing on priority matters pertaining to their rights.