A Feminist Perspective On Justice Is Essential, Particularly When Considering Justice For The Community Of People With Disabilities: Justice AK Sikri

Speaking on the topic, “Creating The RPWD Generation From Principle To Practice”, Justice Sikri lauded the efforts of organizations like Mission Accessibility while underscoring the need for a fundamental shift in societal attitudes towards persons with disabilities.

Justice Sikri delved into the multifaceted nature of disability rights, dissecting the topic into four distinct parts. He began by emphasizing the dual aspects of the issue: first, the theoretical underpinning involving the rights of Persons with Disabilities (PWDs) as enshrined in the constitution and various statutes, and second, the practical implementation of these rights and the existing gaps.

In the first part of his discussion, Justice Sikri traced the historical evolution of disability as a human rights concern, both at the international and national levels. He provided a comprehensive overview of the global perspective, highlighting how disability rights have become a crucial component of the international human rights discourse.

Justice Sikhri said, “As history will show it all started with neglecting the persons of disabilities. If you go back 100 years, 200 years or even maybe 60-70 years. In India, only 40-50 years ago, they were outcasts. If they suffered from visual impairment or mental disability they were not considered part of a society and were made to stay away. This thing is what we call the exclusion of this community.”

“Some progress was made after we had the advancement of medical science. The earlier traditional approaches to disability were depicted as a health and welfare issue. So at least this much sensitization came that these are the persons who are to be taken proper care of but it became a health and welfare issue only. To be addressed to care provided to PWDs from a charitable point of view and that was what was wrong in this entire approach. Yes, persons with disability need healthcare but then the issues are not to be seen from the prism of health and welfare issues alone and what is more important is that it is a human rights issue,” he added.

Moving on to the second part, Justice Sikri explored the intricacies of disability rights under the Indian constitution. He expertly demonstrated the interconnection between international legal principles of equality and the rights of PWDs in the Indian context. Additionally, he shed light on the statutory framework that defines the complete spectrum of rights for disabled individuals. Parts one and two collectively formed the foundation of his discourse, elucidating the theoretical aspects of disability rights.

Transitioning into the third segment of his discussion, Justice Sikri delved into the pivotal role played by courts in aligning disability rights with the fundamental concept of human dignity. He emphasized how court decisions have contributed to enhancing the autonomy, free will, and overall capabilities of people with disabilities. This section primarily focused on the enforcement of rights, bridging the gap between theory and practice.

However, Justice Sikri astutely observed that despite commendable judgments and directives, many of these remain confined to paper and are not effectively implemented. Thus, he dedicated the fourth and central part of his lecture to delineating realistic pathways for the attainment of disability rights. This segment was the focal point of the discussion, addressing the challenges faced in translating legal provisions into tangible, practical outcomes.

Justice Sikri’s speech resonated deeply, urging for not just theoretical discussions but actionable strategies, emphasizing the urgent need for the transformation of rhetoric into genuine, practical change.

The former judge also pointed out the critical provisions in the Rights of People with Disability Act 2016, focusing on the principles of dignity, integration into society, and ensuring accessibility. He then spoke about how we realistically can attain disability rights in practice.

Justice Sikhri said, "Of course there’s so much law which is created by various high courts by those activist judges also or if I may say so the right minded judges have given many movable judgements but we have seen many other cases where the judgements that have been given also remain on paper."

He emphasized the existing frameworks—jurisprudential, constitutional, and statutory—that support disability rights. Despite the legal support, he acknowledged the substantial gap between theory and practice, emphasizing the need for effective implementation.

Justice Sikri emphasized the progress made in raising awareness about disability rights compared to several decades ago. He stressed the importance of adopting a "no pity approach," urging individuals, including himself, who consider themselves able-bodied, to internalize this perspective. This approach, he argued, is crucial in fostering a society where disability is not a barrier, but rather a facet of human diversity to be respected and accommodated.

Furthermore, Justice Sikri candidly addressed a pressing issue within the judicial system – the need for greater sensitivity among judges. He shared anecdotes of cases where messages circulated on messaging platforms, lamenting that judges had simply adjourned cases without a hearing. He emphasized that this situation underscores the necessity for judges to be sensitized to the unique challenges faced by individuals with disabilities.

Justice Sikri was forthright in his assertion that every judge, regardless of their specialization, must undergo sensitization. He reiterated a point he has consistently emphasized – the application of a feminist approach to justice.

He explained, "I have always spoken and I always say that there has to be a feminist approach to justice. It is much more required when we talk about justice with the PWD community. Because feminist approach talks of the qualities of compassion and empathy."

"That is needed by every judge who has to dispense justice. I am not saying that in any case which is brought by a person with a disability, you have to decide in her or his favour. Judgment has to be given ultimately on the basis of what the loss is but you have to be sensitive about it. It’s not only the final decision but the decision making process is also needed," he added.

Justice Arjan Kumar Sikri emphasized two key strategies to ensure swift justice and enhanced sensitivity towards Persons with Disabilities (PWDs) within the judicial system. Firstly, he advocated for the implementation of programs focused on disability rights at both the state and national levels of judicial academies.

Secondly, Justice Sikri proposed the establishment of specialized benches dedicated to disability rights cases. He suggested that these benches could function similar to commercial and other benches, expediting the process of hearing cases related to PWDs. To ensure timely justice, he urged judges to prioritize such cases even amid their busy schedules. Specifically, he recommended that judges refrain from adjourning disability rights cases, fostering a sense of urgency in addressing these matters.

Justice Sikri also emphasized the need for collaboration between judicial academies and stakeholders. He encouraged drafting a letter to the Chief Justice of India, advocating for the incorporation of disability rights sensitization in the curriculum of both national and state judicial academies.

Justice Sikri's Address was followed by an Award Ceremony titled: "Trailblazers in Accessibility".

Netflix, the subscription video on-demand over-the-top streaming service, was awarded the momento for the ‘Accessible Private Sector Organization’. Ashwini Kulkarni, Country Manager (India) International Dubbing, Netflix India accepted the award on behalf of Netflix.

Delhi High Court was awarded the momento for the ‘Accessible Public Sector Organization’. Justice Rajiv Shakdher accepted the award on behalf of the Delhi High Court.

Union Bank is awarded the momento for the ‘A Leading Example of Disabled-Led Change’. Rahul Gambhir, Senior Manager, Union Bank of India accepted the award on behalf of Union Bank.

This was followed by a Panel Discussion moderated by Justice Rajiv Shakdher. The Panel consisted of Rajesh Agarwal, Secretary DePwD, Ms. Nu. M, Mrs. Vidisha Chhatterjee and Mrs. Nidhi Goyal.

The event concluded with the playing of three video messages.

The first message was by Judge Edwin Cameron, Former Judge, South African Constitutional Court.

The second video message to Mission Accessibility highlighting the importance of its work was by Dr. Shashi Tharoor, Member of Parliament (Thiruvananthapuram).

The third video message was from Piyush Goyal, Minister of Textiles, Government of India and Hon'ble Minister of Consumer Affairs, Food and Public Distribution, Government of India.

The Mission Accessibility Annual Day was organized by Mission Accessibility, an NGO co-founded by two blind lawyers, Rahul Bajaj and Amar Jain. The organization actively engages with platform developers to address issues of accessibility, empowering disabled users to voice their concerns productively.