The Supreme Court’s report on accessibility is a step in the right direction, but the ramp still needs to be built, argues Sagarika Parab.
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IN India, the road to justice for persons with disabilities has often been marked by physical and systemic barriers that have made the Supreme Court of India and the judicial system seem distant and inaccessible to many.
In order to bridge this gap, the Supreme Court unveiled A Court for All: Paving the Way for Accessibility in the Supreme Court for Persons with Disabilities, Women and Senior Citizens in October 2023, a report undertaken by the Committee on Accessibility of the Supreme Court of India.
The report presents a comprehensive study of the accessibility issues faced by persons with disabilities, women (particularly during pregnancy) and senior citizens within the Supreme Court of India.
The report is an acknowledgment that we stand at the cusp of a transformative era, not just for our highest court but for the very paradigm of accessibility in our country.
The Supreme Court report on accessibility is an acknowledgment that we stand at the cusp of a transformative era, not just for our highest court but for the very paradigm of accessibility in our country.
For years, people with disabilities, pregnant women and senior citizens have navigated a labyrinth of challenges in seeking justice. These are not just tales of cumbersome steps or missing ramps; they are stories of dignity often compromised in the hallowed halls of justice.
This report, therefore, is not just a collection of findings and recommendations; it is a mirror held up to our society, reflecting the gaps between our constitutional ideals and the reality of access to justice.
The report focuses on two primary areas of intervention: physical accessibility and functional accessibility.
The report identifies physical infrastructure issues to encompass the absence of wheelchair-friendly amenities, lack of clear signage, inadequate tactile flooring and insufficient designated seating in courtrooms, waiting areas and filing counters for the target groups.
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Additionally, restroom facilities lack comprehensive accessibility features and pathways to primary entries and security checkpoints are not fully equipped for wheelchair screenings.
Other areas with accessibility challenges include the mentioning office, canteen layout, ATMs, and the mediation centre.
Therefore, the report goes beyond merely identifying issues and offers practical recommendations for improvement, such as introducing accessible route maps, refurbishing courtrooms and enhancing website accessibility.
On the other hand, functional service challenges include a lack of sign language interpreters, inadequate technology for the visually impaired, insufficient updates on case processing stages, inaccessible documents for persons with disabilities, a general lack of awareness about the needs of persons with disabilities, and a lack of online resources tailored for persons with disabilities on the Supreme Court’s website.
There is also an absence of a framework for de-identifying HIV-positive or protected persons and protocols to prioritise their cases.
The findings of the report are as much an indictment as they are a call to action. The absence of wheelchair-friendly amenities, clear signage, tactile flooring and even the lack of designated seating in the Supreme Court is not just about infrastructure; it is about the message we send to those we are meant to serve.
The report focuses on two primary areas of intervention: physical accessibility and functional accessibility.
The functional challenges— the lack of sign language interpreters, suitable technology for the visually impaired and accessible online resources— go beyond inconvenience. They speak to a deeper issue of exclusion, where our systems have not evolved to embrace diversity.
The recommendations put forth in the report, from introducing accessible route maps and refurbishing key facilities to enhancing online platforms and ensuring the availability of sign language interpreters, are steps towards not just refurbishing a building but reimagining an ethos.
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It is about creating a space where justice is not only done but is seen to be accessible to all. Further, recommendations such as augmenting the IT services, enhancing website accessibility, integrating assistive technologies and implementing an equal opportunity policy set out a blueprint for ensuring holistic inclusion.
It stresses on the importance of strong legal protections and policies for persons with disabilities, which should be backed by enforcement mechanisms and regular monitoring and reporting.
As for what the report might have missed out on, while it appears comprehensive in its coverage of physical and functional accessibility issues, the absence of specific details on financing or budget allocations for these recommendations could be a potential gap.
The report could have focused more on detailed implementation plans with mechanisms for monitoring, evaluation and public reporting. Further, the report does not deeply explore the intersectionality of disability with other social factors like gender, socio-economic status and caste, which can compound accessibility challenges in a diverse country like India.
Further, the report offers an implementation plan where recommendations have been divided into immediate and progressive changes with tentative timelines for operationalising them.
This is an acknowledgment by the committee that the responsibility does not end at merely launching the report. Proactive steps need to be taken to ensure physical and functional accessibility strictly within the prescribed timelines.
The report offers an implementation plan where recommendations have been divided into immediate and progressive changes with tentative timelines for operationalising them.
However, what these steps may be has been left out of the report. As such, ensuring inclusion and accessibility is not a one-time exercise. The Supreme Court needs to develop robust monitoring mechanisms and timely reviews to ensure that the report functions as a living document that transforms with time and needs.
Yet, as the Supreme Court seeks to operationalise these recommendations, we must confront the enormity of the task ahead. Transforming the Supreme Court into an accessible space is a monumental task that requires more than just infrastructural changes.
It demands a shift in mindset, a cultural awakening to the needs and rights of those who have been sidelined for too long. The true impact of these changes lies not just in the tangible improvements they will bring but in the signal they send— that our highest court is a place for all, reflecting the inclusivity and diversity of the nation it serves.
However, this report and the changes it advocates are more than just about transforming a single institution. They have the potential to be harbingers of a broader movement towards accessibility in India.
This report and the changes it advocates are more than just about transforming a single institution. They have the potential to be harbingers of a broader movement towards accessibility in India.
By setting a precedent at the highest judicial level, it opens the door for similar reforms across other public and private spaces. It is a blueprint for a future where accessibility is embedded in our public life, where inclusivity is not an afterthought but a foundational principle.
As we reflect on the implications of this report, it is a beacon of hope for a more inclusive India. It is an opportunity for us to reimagine our public spaces, to build a society that not only respects but celebrates diversity in all its forms.
The path ahead is undoubtedly filled with challenges, but the vision laid out in the report is a clarion call to all of us— policymakers, civil society, and citizens— to embark on this journey towards an inclusive future.
