The Delhi High Court while recognising the rights of visually impaired people, observed that as litigants they are entitled to receive Court Documents in language they understand i.e. Braille.
The single-judge bench of Justice Anoop Kumar Mendiratta observed that it is duty of the Government to ensure that all public documents are in accessible formats.
The present bail petition was filed under Section 438 read with Section 482 of Cr.P.C. for offences under Section 376 of IPC.
As per allegations, both complainant/prosecutrix and accused/petitioner are blind and they developed good relationship/friendship in 2018. The petitioner used to say that he wanted to be complainant’s better half. The petitioner got job in State Bank of India in 2019 and in March, 2019 he hired a rented accommodation. On one occassion, he called the complainant/prosecutrix at his rented accommodation and asked her to stay as he was not feeling well and thereafter tried to forcefully indulge and have sex with her. Thereafter on another instance, accused/petitioner put sindoor on her head and established physical relations in the rented accommodation on the assurance of solemnizing marriage.
The Court granted the bail after analysing the facts and circumstances of the case. Learned Counsel for the complainant/prosecutrix pleaded that a copy of the order be provided in the readable (Braille) script to the complainant/prosecutrix.
On this request, the Court referred to SC judgement in Vikash Kumar Vs. Union Public Service Commission, 2021 Latest Caselaw 66 SC in the context of inalienable rights of the differently abled under Rights of Persons with Disabilities Act, 2016.
It was held that the law imposes a positive obligation on the State to secure the realization of rights. It does so by mandating that the State must create conditions in which the barriers posed by disability can be overcome.
"The creation of an appropriate environment in which the disabled can pursue the full range of entitlements which are encompassed within human liberty is enforceable at law. In its emphasis on substantive equality, the enactment of the legislation is a watershed event in providing a legal foundation for equality of opportunity to the disabled……”
In view of the above, the Court remarked that the parties are entitled to be well versed with the proceedings of the litigation they pursue and the documents which materially effect their legal rights and referred to Section 12 of the RPwD Act, 2016 which creates a mandate on the state for providing access to justice to differently abled and may be beneficially reproduced.
It noted that the State is also mandated to make available all necessary facilities and equipment to facilitate recording of testimonies, arguments or opinion given by persons with disabilities in their preferred language and means of communication.
"Right to access to justice includes the right to receive documents to which the parties are legally entitled in the language and means of communication decipherable by them."
In light of above, the Court gave directions to the State to make suitable arrangements and provide the prosecutrix as well as the petitioner the copy of the documents to which they are legally entitled in their preferred language and means of communication (i.e. Braille script) to ensure that they can effectively pursue and protect their legal rights.
Case Title: SHIVAM SONI vs STATE(GNCTD)
Case Details: BAIL APPLN. 3243/2019 & Crl. M.A. No.43735/2019
Coram: Justice Anoop Kumar Mendiratta
Read Order Here:
