PIL in SC challenges exclusion of disabled persons from Judicial appointments

PIL in SC challenges exclusion of disabled persons from Judicial appointments

The Supreme Court of India has taken cognizance of a Public Interest Litigation (PIL) challenging the exclusion of Persons with Disabilities (PwDs) from appointments as judges in the district judiciary. 

The bench comprising Chief Justice of India (CJI) DY Chandrachud along with Justices JB Pardiwala and Manoj Misra issued notices to the Central government, all High Courts, and State governments, highlighting the need to address this pressing issue.

The PIL raises concerns regarding the violation of fundamental rights of PwDs due to the existing judicial services rules not complying with the mandated 4 per cent reservation for Persons with Benchmark Disabilities. It also points out discrepancies in reservation percentages among different states, indicating a lack of uniformity and inclusivity in the system.

One of the key arguments presented in the plea is the potential of new technologies to enable PwDs to perform judicial tasks on par with others. Despite physical impairments, individuals can effectively analyze witness demeanor, read documents using software, and engage in legal proceedings with equal competence. 

The plea emphasizes that the essential requirement for a judge is a keen judicial mind capable of understanding facts, evaluating evidence, and making sound decisions, rather than solely relying on physical faculties.

The petition advocates for the constitution of an expert body to review and standardize existing rules, ensuring alignment with the Rights of Persons with Disabilities Act and eliminating discriminatory hiring practices. It challenges stereotypical assumptions about the capabilities of PwDs and highlights global examples of competent judges with disabilities, debunking misconceptions about their ability to perform judicial duties.

Senior Advocate Sanjay Parikh represented the petitioners, who are specially-abled academicians, bringing attention to the systemic barriers faced by PwDs in accessing judicial positions.

Case: Dr Renga Ramanujam and anr vs. Union of India and ors.

 

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