Justice Valmiki Menezes of the Bombay High Court made a powerful appeal on Saturday, urging judicial officers across the state to guarantee equal opportunities for persons with disabilities within the court system. He highlighted critical gaps in infrastructure and training that currently hinder access to justice for this community.
Courts Lack Essential Skills and Aids
Speaking at a sensitisation session on the Rights of Persons with Disabilities Act 2016, Justice Menezes pointed out a stark reality. He revealed that courts at the district level frequently encounter witnesses who are mute or visually impaired. However, these courts often lack the necessary resources and trained personnel to properly record their testimonies.
"Our courts do not really have the wherewithal to make sure that their depositions and their story are recorded with the aids required," Justice Menezes stated. He emphasized that court registries currently do not employ staff skilled in communicating with persons with disabilities, a gap that must be urgently addressed through training.
A Shift from Charity to Rights-Based Model
The session, organized for judicial officers, advocates, and prosecutors at the High Court, aimed at more than just awareness. Justice Menezes stressed the need for concrete implementation of Section 12 of the 2016 Act, which mandates access to justice. He called for ensuring that a sufficient number of people at district and taluka levels are trained to uphold these rights.
"They have to have the same opportunities as all your other witnesses, all accused and all lawyers appearing before you," he asserted. State Commissioner for Persons with Disabilities, Guruprasad Pawaskar, elaborated on the paradigm shift brought by the new law. He noted that for decades, the legal system viewed disability through a lens of medical defect and charity.
"But with the enactment of the Rights of Persons with Disabilities Act 2016, we transitioned into a rights-based model," Pawaskar said. He urged members of the judiciary to ensure the social model of disability becomes the foundation of the judicial system.
Expanded Recognition of Disabilities
Commissioner Pawaskar also detailed the significant expansion in the law's scope. The 2016 Act recognises 21 specific disabilities, a major increase from the seven listed in the previous 1995 Act. This expanded list now includes conditions such as blood disorders like thalassaemia, acid attack survivors, and dwarfism, ensuring a broader range of individuals are protected and accommodated under the law.
The collective message from the session was clear: sensitization must translate into actionable change. The judiciary must proactively build an inclusive environment where persons with disabilities can participate fully and equally in legal proceedings, moving from theory to practical implementation on the ground.
