Provide Infra, Financial Assistance To Procure Gadgets For Conducting Trial Of Differently-Abled Accused: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to provide infrastructure and financial assistance for procuring essential electronic gadgets for conducting trial in cases where the accused person is differently-abled.

“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,” Justice Swarana Kanta Sharma observed.

The court said that installation of gadgets and infrastructure will ensure that such accused persons with disabilities are able to meaningfully participate in the judicial proceedings, whether criminal or civil.

“The concerned Government, in addition to the facilities/equipment suggested by this Court, shall take into account all other facilities and equipment which can be provided which would facilitate recording of arguments or evidence before the Courts of law in cases of accused persons with disabilities as per Section 12(4)(c) of the Rights of Persons with Disabilities Act, 2016,” the court said.

It also directed the Secretary of DSLSA to frame a scheme for the benefit of accused persons with disabilities for their communication and better understanding of cases and proceedings before by acquiring latest assistive technology.

“In this regard, they will consult the necessary stakeholders and will furnish such list and scheme within one month to this Court as well as to the Secretary, Department of Law, Justice and Legislative Affairs, Government of NCT of Delhi for execution of this noble purpose,” Justice Sharma said.

While noting that there are special rooms and facilities available for vulnerable witnesses in court complexes, the court said that there are no such rooms for the accused persons with disabilities. The court thus observed that a room can be dedicated to such accused persons having all needful assistive technology or other facilities in accordance with their specific needs.

Hence, Justice Sharma directed the Registrar General of the High Court to explore the possibility of availability of a room on the lines of vulnerable witness room for accused persons with disabilities and added that it shall also consider making interim arrangements in the meanwhile.

“A person with disability who is an accused or litigant is entitled to equal and fair trial and, therefore, it is critical that the barriers in the court system which affect persons with disabilities in equal participation in the judicial process do not suffer from non-accommodation by the court, court system or other stakeholders in the administration of justice. It is only when the problem will be identified and accepted that a solution will be found to address it,” the court said.

It said that it is time that the resources meant for differently-abled are invested in reforming and developing the trial courts for the accused persons with disabilities.

“It will be a step towards dismantling the barriers which persons with disabilities have to face, especially an accused facing criminal trial. It will be a step towards long cherished goal of extending complete justice to every citizen since justice should not only be done but also seem to be done,” the court said.

The court passed the directions in a plea moved by an accused, who was deaf since childhood, seeking constitution of a Special Court as per Section 84 of the Rights of Persons with Disabilities Act, 2016, and arrangements for him during his criminal trial.

In February, Justice Sharma had appointed Senior Advocate N. Hariharan as amicus curiae to assist in deciding as to how can a special court be constituted to try offences under Rights of Persons with Disabilities Act, 2016.

Justice Sharma suggested that court complexes and court rooms should be disabled friendly and immediate steps should be taken so that facilities are provided to persons with disabilities such as parties, counsels, witnesses, etc.

“Necessary facilities including wheel chairs, elevators and other modes to provide mobility to persons who cannot walk must be ensured in all court complexes,” the court said.

It added, “In case of trial of person with disabilities as an accused, it should be specifically mentioned as to where the designated court room is and which designated court staff or official can be contacted to help such accused including providing their phone numbers and the respective District Judges appointing any official as Nodal Officer in this regard.”

Case Title: RAKESH KUMAR KALRA DEAF DIVAYANG v. STATE GOVT OF NCT DELHI

Citation: 2023 LiveLaw (Del) 751

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