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The judge said, "No citizen in this country should feel that due to his physical or mental disability, justice was not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system and court"
The Delhi High Court has directed the Delhi government to provide infrastructural and financial assistance to procure essential electronic gadgets so that the accused persons with special needs can participate equally in the judicial proceedings with assistance of such assistive technology.
The bench of Justice Swarana Kanta Sharma said, “The installation of such gadgets and infrastructure will ensure that persons with disabilities will be able to better understand and meaningfully participate in the judicial proceedings, whether criminal or civil”.
The judge said that it would be a step towards the long-cherished goal of extending complete justice to every citizen since justice should not only be done but also seem to be done. She observed, “No citizen in this country should feel that due to his physical or mental disability, justice was not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system and court”.
The court opined that active judicial conduct to ensure access to persons with disabilities in the judicial process will ensure achieving the constitutional vision of justice of ensuring fundamental and human rights of persons with disabilities and their actual, practical and meaningful participation in the judicial process and fair trial.
Justice Sharma made the observations in a plea by Rakesh Kumar Kalra, a deaf divyang, seeking directions to constitute a Special Court as per Section 84 of the Rights of Persons with Disabilities Act, 2016, and to make arrangements for the petitioner during the criminal trial he is facing.
“There is a need to acknowledge that persons with disabilities do not need pity or patronization based on stereotypical false assumption that they are less capable and valuable compared with persons without disabilities”, the court said in its order dated August 26.
The judge also said that it is time that the “resources meant for differently-abled” are “invested in the reform and development” of the trial courts for the accused with such disabilities also by incorporating and building infrastructure, including rooms on the same lines as per vulnerable witnesses, and by incorporating electronic and other products which are specially designed to enable accused persons with visual hearing, motor or mobility disabilities, etc. for making use by such persons to ensure fair trial.
“The directions issued by this Court shall be complied with by the concerned Governments/ authorities within a period of three months from the date of submission of the report by Secretary, DSLSA to this Court as well as to the Secretary, Department of Law, Justice and Legislative Affairs, Government of NCT of Delhi”, the court directed.
The court further directed the Secretary of Delhi State Legal Services Authority (DSLSA) to file the compliance report within one month from the date of uploading of the judgment on the website.
Court also appreciated the valuable and effective assistance rendered by Senior Advocate N. Hariharan, who was appointed as Amicus Curiae.
“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”, the court ordered.
Case Title: Rakesh Kumar Kalra Deaf Divayang v. State Govt of NCT Delhi
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