Punjab & Haryana High Court Seeks Report On Availability Of Disabled Friendly Infrastructure In All Lower Courts

The Punjab and Haryana High Court has directed the District and Sessions Judges of all Sessions Divisions in both the states to file a report on whether there is minimum requisite infrastructure available in their courts as per the Rights of Persons with Disabilities Act, 2016, for differently-abled persons.

Chief Justice Sheel Nagu and Justice Vikas Suri said, "the District and Sessions Judges of all Sessions Divisions in the States of Punjab and Haryana are directed to file their respective reports as to whether minimum requisite infrastructure requirements as per the Act of 2016 are available in the Court complex at District and Sub Divisional level for differently-abled persons."

The bench further directed to file the aforesaid report within 15 days.

The development came after the High Court took suo moto cognizance of the lack of infrastructure in judicial complexes which may be inaccessible to persons with disabilities in Punjab, Haryana and U.T. Chandigarh.

A plea was filed by a 60-year-old disabled lady who sought transfer of her case at District Court Punjab's Malerkotla, from the first floor to the ground floor as the judicial complex did not have any provision for a ramp or an elevator to facilitate a disabled person to attend the Court proceedings.

Taking note of her plight, Justice Harpreet Singh Brar said, "The right to life enshrined in Article 21 of the Constitution of India, is not limited to mere animal-like existence but includes right to live a meaningful life, with dignity in the truest sense of the term. Lack of appropriate facilities in public buildings, especially judicial complexes, equates to denial of access to justice and amounts to discrimination against persons with disabilities."

It stated that the State is obligated to create a level playing field and provide all necessary facilities to realise the fundamental rights guaranteed to its citizens by the Constitution, which also includes the right to move freely across the territory of India.

In the present proceedings, the counsel appearing for the High Court filed a report which mentions "availability/ non-availability of infrastructure in the States of Punjab and Haryana as well as Union Territory, Chandigarh, as prescribed in the Rights of Persons with Disabilities Act, 2016, to be available in all judicial foras."

The division bench directed the States of Punjab and Haryana "to comply with all the mandatory provisions of the Act of 2016, to ensure availability of infrastructure prescribed at the District as well as Sub Divisional level in order to make judicial foras friendly to differently- abled persons."

While listing the matter for August 30, the Court asked the counsels for the States of Punjab and Haryana "to file compliance reports before the next date of hearing."

Ms. Tanu Bedi, Advocate, for respondent No.1.

Mr. Salil Sabhlok, Senior DAG, Punjab.

Mr. Deepak Balyan, Addl. Advocate General, Haryana.

Mr. Abhinav Sood, Addl. Standing Counsel, UT Chandigarh, and Mr. Nitesh Jhajhria, Advocate,

for UT Chandigarh.

Mr. S.S. Behl, Advocate, and Mr. Gaurav Vir Singh Behl, Advocate, for the applicant in CM-87-CWPIL-2024.

Title: Court on its own motion v. High Court of Punjab and Haryana, Chandigarh and others

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