Despite laws, many spaces inaccessible to those with disabilities: Justice Chandrachud

Despite laws mandating disability-friendly infrastructure, many spaces including government and private buildings, hospitals, libraries, parks and public transport continue to be inaccessible to persons with disabilities, Supreme Court judge Justice DY Chandrachud said on Saturday, September 24. The judge was speaking at the third Professor Shamnad Basheer Memorial Lecture, organised by LiveLaw, addressing the topic 'Making Disability Rights Real: Addressing Accessibility and More'. Professor Basheer, a noted legal scholar, was the founder of Increasing Diversity by Increasing Access to Legal Education (IDIA), and the intellectual property blog, SpicyIP.

Speaking at the memorial lecture, Justice Chandrachud, who is the chairperson of the Supreme Court's e-committee, said that though much more needs to be done to make the judiciary accessible to people with disabilities, it is progressing in the right direction. “With the apex court poised to join the National Judicial Data Grid in the near future, all decisions of the top court will be available in a free text search format, which has accessibility built into it,” he said. Besides, the e-committee, in collaboration with the National Informatics Centre, has also created a judgement search portal that is accessible to persons with disabilities (PwDs), where over 75 lakh verdicts of the high court will be freely available, he added. He also expressed hope that more such people will be able to preside as judges in Indian courts.

“The e-committee of the Supreme Court has been working to make the digital infrastructure of the Indian judicial system more accessible to persons with disabilities. We have introduced audio captchas on the Supreme Court as well as High Court websites to ensure that visually impaired professionals face no hindrances in looking up the cause list or the case status,” Justice Chandrachud said. Moreover, they have also ensured that case files are readable and screen-reader friendly to make them accessible to the PWDs, he added.

“I will be the first to admit that much needs to be done to make our judiciary fully accessible to persons with disabilities. But I can say that we have at least taken the first step in the right direction,” the judge said during the lecture, which was organised by a legal news portal. He also pointed out that through the initiatives of the e-committee, the High Courts of Orissa and Kerala have adopted the paperless court systems. Digitisation of files and court records will ensure that courts remain accessible to the PWDs, he said.

“We have also tried to make the Indian judicial services more inclusive by removing barriers to the entry of persons with disabilities,” Justice Chandrachud said. “My hope for the future and a wish to Genie, if I may, is that our country will see a counterpart of the visually challenged South African judge of the constitutional court, Zak Yacoob, and many more, in our high courts and district courts, besides of course in the Supreme Court of India.”

Pointing out that most legal databases are still inaccessible to the PwDs and the presence of access barriers casts a chilling effect on their ability to practice law, the judge said it is incumbent on all institutions, whether they be governmental or private, and all individuals to do their bit to ensure a more just world for PWDs. “Governmental and private entities must ensure that laws and policies are being complied with,” he said.

The concept of disability is a social construct, he further stated, adding that the notions of normalcy and intelligence are deeply rooted in society’s centuries-old prejudice against the PwDs. “Persons with disabilities are stereotyped as being less capable and less intelligent than their able-bodied counterparts. The differences between able-bodied people and persons with disabilities, both real and perceived, give rise to immense stigma in society. Children often bully their classmates and friends with disabilities. Adults with disabilities too are not treated with respect and empathy,” he said.

PwDs do not require pity but the entitlement to be treated as equals, the judge said. “We must aim towards a just society that accounts for their needs,” he said, adding that the exercise of rights and freedom is necessary for social participation and to live a dignified and independent life.

Highlighting two aspects that he deemed integral to holistic development of life — education and livelihood, Justice Chandrachud said the reality is that most schools and higher educational institutions in India do not account for any reasonable accommodation that PwDs might require. “We as a society need to understand the educational needs of students with disabilities and address them in a collaborative manner,” he said.

Moreover, public and private organisations must ensure that PwDs develop skills during their employment to progress in their careers, the judge said, adding that technology can play an essential role in creating inclusive and accessible workplaces.