Differently-abled lawyers are as good if not better than able lawyers: Justice Rajiv Shakdher

Delhi High Court judge Justice Rajiv Shakdher on Saturday called on senior lawyers and the larger legal fraternity to create work opportunities for persons with disabilities.

He stressed that there was no difference in calibre between the able and the specially-abled in the legal field.

"The entitled lot also need to do their bit. In every panel of applications for posts in the Delhi Legal Services Committee, we have one slot for the specially-abled. If you can give work to a junior, then you can give it to them. They are as good if not better than a non-disabled lawyer," Justice Shakdher said.

He added that one needs to speak slowly, coherently, patiently and sensitively, and give differently-abled colleagues space, because they are trying hard.

The High Court judge was speaking at the launch of Court Design Handbook: Design Guide for User-Centric District Courts in India, in an event organised by Vidhi Centre for Legal Policy.

The handbook has been prepared by Vidhi's JALDI (Justice, Access and Lowering Delays in India) Initiative.

Justice Shakdher, who heads the Accessibility Committee at the Delhi High Court, mentioned during his speech,

"We did more virtual hearings than many larger courts during COVID. but I do not want to get into that comparison because they may not have had those facilities. When we were dealing with people who are differently abled were we able to do enough? Some will say we have taken some steps that I would like to share, like special parking lots, and changed causelist formats."

He stated that the Delhi High Court now has screen readers and sign language facilities for inclusivity.

"We have screen readers and sign language interpreters, I think there are about four now who are remunerated well. This was after a nudge from a hearing before the Chief Justice of India. Then a very progressive measure is to have e-inspections and e-records. You can be sitting anywhere and look at it on your machines and argue your cases before judges more collaboratively and do better," he said.

On the measures taken to aid differently-abled lawyers and litigants who come to court, he said,

"In the Delhi High Court, the lifts still don't have audio-visual inputs and signages so people won't know where they are going. So the specially-abled need access and maps so they can know the layout of courts and should be able to go places with the shortest routes. We are aware and have started that. We have merged three interlinked segments here - Information Technology, Artificial Intelligence and accessibility. If you have one committee handling it, it is easier to change things," he added.

He went on to say,

"Next is online dispute resolution where they can sit in the comfort of their homes and do their work. We need to facilitate that. Then there is (the facility of) remote hearings; evidence can be recorded without travelling miles and imagine the difference it and ODR would make even as small steps; it would improve lives of litigants."

The event was also attended by former judges Justice BD Ahmed, Justice Gita Mittal and Justice Naveen Rao, and Advocate Rahul Bajaj.

"Projects have to be owned. Court management systems did not always translate to states. The retrofitting idea in your (Vidhi) report is interesting and a good development. The actual crunch comes for the question of money. Entire court structure needs a new look to it," said Justice BD Ahmed.

Justice Mittal shared anecdotes from her judicial career when she encountering a lack of facilities and provisions for the specially-abled.

Judicial officers are not concerned with the maintenance of the facilities. They think their job is only to come and go, highlighted Justice Rao.

"It is still very difficult to locate and get to courtrooms on time without help. Often, the digital and physical causelists do not match. In my experience of navigating district courts (in Delhi), it is always with sighted support. I am not aware of any tactile tiles used, auditory cues are needed so I can make out what court number it is, it would definitely be helpful," said Advocate Bajaj, who is visually impaired.

[Follow our coverage of the session]