‘Detrimental to Dignity’: Allahabad HC Pulls up Registry as Disabled Petitioner Struggles to Access Courtroom

The Allahabad High Court on December 2, 2025 found that a locomotor-disabled litigant faced difficulties as he was compelled to reach the courtroom without any assistance despite the existence of disability-friendly facilities on the court premises.

The bench of Justice Ajay Bhanot and Justice Garima Prashad observed that the man, who appeared before the court along with his wife, struggled to access the campus and arrived “with great difficulty,” a situation the judges described as “detrimental to the dignity” of a person with disability.

The couple had approached the court seeking protection from an FIR lodged by the woman’s family opposing their marriage. The woman (Petitioner no.1), aged 23, reiterated her statements recorded under Sections 181 and 183 of the BNSS, affirming that she had married the man (petitioner no.2) of her own free will, wished to continue living with him, and intended to sever ties with her parental family. Both petitioners also produced Aadhaar cards as proof of age, with the court noting that they were majors and that the FIR appeared rooted in familial opposition rather than any cognizable offence.

However, while evaluating the circumstances of their appearance, the bench recorded that petitioner no.2 suffers from locomotor disability that substantially restricts his movement and renders him unable to walk without assistance. Yet, despite this, no support was provided to help him access the court building, and he reached the courtroom only after considerable struggle.

Court stated that this lapse affected his dignity and should not have occurred in an institution tasked with ensuring access to justice.

It was only after the bench itself noticed his condition that the High Court Registry arranged a wheelchair and assisting staff for him. The judges remarked that the High Court already has several facilities and support systems for persons with disabilities, but the failure lay in the fact that no information was conveyed to the competent authority, resulting in a delay that undermined both the efficacy of those measures and the litigant’s right to dignified access.

Court directed the Registry to place on record a comprehensive list of all accessibility measures available for persons with disabilities in the High Court.

Alongside this, court recorded that petitioner no.2 is currently an elected Sabhasad (Corporator), besides running a small business dealing in scrap material. The couple informed the court that the man was facing threats from the woman’s family, which had opposed their marriage. Taking note of these concerns, the bench directed the Deputy Commissioner of Police, Agra, to ensure his security in accordance with law.

Court exempted the personal appearance of both petitioners for future dates in light of the circumstances surrounding their presence on December 2.

Court directed the State to file its counter-affidavit before the next listing, with the court cautioning that failure to do so may require personal appearance of the DCP.

The matter will be heard again on December 10, 2025.

Case Title: Smt. Simaran And 2 Others vs. State Of U.P. And 3 Others

Order Date: December 2, 2025

Bench: Justice Ajay Bhanot and Justice Garima Prashad