Documents Filed In Court Must Be Accessible To Persons With Disabilities : Lawyer Flags Issue Before Supreme Court

While hearing the matter on the accessibility of computers and soft copies of bare acts for students with benchmark disability to appear for the upcoming All India Bar Examination (AIBE) on December 22, Advocate Rahul Bajaj informed the Court that the format in which the Union Government filed its counter on the suggestions is not in an accessible format. 

Bajaj, appearing for the visually impaired law students wanting to appear for the Common Law Entrance Test (CLAT)- Postgraduate and the AIBE, said: "Actually, I wanted to make a submission. Actually, it was not in an accessible format. It was not in an OCR-enabled format. So, on that, I wanted to make a submission that in cases involving litigants and lawyers with disability, there should be a mandate that at least the counter and the pleadings should be in an accessible format. That is not the case here. In this case, we were able to make it accessible on our own but the onus should not be on us."

On this, a bench of Justices Surya Kant and Ujjal Bhuyan expressed surprise why the same has not been done in the Supreme Court. Justice Kant said: "Definitely, the [onus] should not be on you. Those who want to give content, it is their responsibility."

Bajaj suggested that either the counter can be in a Word format or OCR format. The Counsel for the Bar Council of India also submitted that the filings before the High Courts are done, OCR has to be done on the pdfs provided and then the filing takes place. 

Justice Kant said: "Supreme Court has been taking a lot of credit and therefore, I want to know why these have not been implemented."

To this, Bajaj said: "There is no mechanism for the Registry to know which cases involve lawyers with disability. That is the basic issue."

Justice Kant said: "There has to be a way."

Bajaj requested that the issue be taken up. He stated that he is a part of the Accessibility Committee of the Delhi High Court where the issue is currently being discussed. He added that it has been suggested that a mechanism can be advanced where an advocate at the time of filing Vakalatnama could indicate that he or she is a person with a disability simply for the purpose of getting recommendation accommodation.

Bajaj further pointed out there is a similar suggestion in the Accessibility Report of the Supreme Court but the same has not been implemented. 

The Counsel representing the Union suggested that in those cases where the advocates and AORs are aware that a specially-abled advocate is appearing, an email to the Registry can be provided.

Justice Kant asked the Court staff how to make sure all filings are accessible to persons with disability. The Court ordered the ASG to provide the counter affidavit in an accessible format within 1 week.

Case Details: YASH DODANI AND ORS. v UNION OF INDIA AND ORS.., W.P.(C) No. 785/2024

Appearances: Advocate Rahul Bajaj, AOR Sanchita Ain, Taha Bin Tasneem, and Habib