To ensure that visually impaired litigants are able to effectively pursue and protect their legal rights, the Delhi High Court has asked the Delhi government to provide them the court documents in Braille script.
Justice Anoop Kumar Mendiratta said the right to justice includes the right to receive documents, which legally entitles the parties with a communication mode and language that they can easily decipher.
The High Court’s direction came while hearing an anticipatory bail plea filed by a visually impaired man accused of rape by a visually impaired woman.
“It is mandated to make available all necessary facilities and equipment to facilitate the recording of testimonies, arguments or opinions given by persons with disabilities in their preferred language and means of communication,” the High Court said while directing the Delhi government to make suitable arrangements to provide the prosecutrix and the accused their documents in Braille.
Rape case
According to the woman, she was in a relationship with the accused he promised to marry her. In April, 2019, the man called the woman to his place in GTB Nagar and tried to force himself on her but the woman repelled his advances. A few days later, the accused established a physical relationship with the woman by assuring her to solemnise their marriage. On December 23, 2019, the woman filed a rape complaint against the man at Mukherjee Nagar police station.
The High Court granted anticipatory bail to the man, noting that he has already joined the investigation and is not required for custodial interrogation or recovery. “No purpose would be served by incarcerating the accused, at this stage, considering the fact that the petitioner (accused) is also differently-abled,” it said.
After the order was passed, the woman sought the order’s copy to be provided in the readable (Braille) script to her.
Taking note of the submission, Justice Mendiratta said, “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. Section 12 of the RPwD (Rights of Persons with Disabilities) Act, 2016 creates a mandate on the state for providing access to justice to differently abled”.
