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Hearing plea of a blind man asking for the availability of public documents in Braille script referring the Rights of Persons with Disabilities Act, 2016, Allahabad High Court last week called for respondents' response within three weeks. 

The Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma also took note of the petitioner's grievance that earlier his similar request had been rejected by the administrative department of the court. 

Court noted, 

"It is submitted that the request made by the petitioner for supplying him documents in braille script and to make arrangement for hearing through video conferencing has been declined by this Court on the administrative side without having regard to the above legal provisions."

Therefore, the court directed the Standing Counsel appearing on behalf of the State-respondents and counsel appearing on behalf of the respondent No.2 and 4 (the Court)  to file their respective responses within three weeks' time.

Before the court, it was submitted by the petitioner that he is suffering from total blindness by birth and is thus suffering from cent percent disability.

Highlighting the seriousness of the difficulty being faced by the blind persons dealing with legal matters, the petitioner informed the court that he is also party in number of cases pending in different Courts.

For his prayer, the petitioner relied upon Section 12 of the Rights of Persons with Disabilities Act, 2016 (the Disabilities Act). 

He contended that under Section 12 of the said Act it is imperative for the appropriate Government to take steps to ensure that all public documents are made available in accessible formats for disabled persons.

He added that it is also the duty of the State to ensure that the filing departments, registry, or any other office of records are supplied with the necessary equipment to enable filing, storing and referring to the documents and evidence in accessible formats for disabled persons. 

It is to be noted here that Section 12 of the Disabilities Act provides legal provisions relating to access to Justice for persons with disabilities. Its subsection 1 reads that the appropriate Government shall ensure that persons with disabilities are able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability.

The petitioner also urged before the court that it is also the duty of the State 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.

Therefore, taking note of the contentions raised before it, the court souhgt response from the respondent parties and listed the matter to be next heard on September 27, 2021.

Case Title: Nitesh Gupta v State of U.P. And 3 Others