Inclusivity in Indian Judiciary

A Study of Contemporary Trends and a Way Forward

Abstract

The metaphorical association of justice with blindness does not go well in consonance with society’s ableist bias that blind individuals are incapable of discharging judicial rules. The Rights of Persons with Disabilities Act, 2016, and the Convention on the Rights of Persons with Disabilities have already laid down the principle of reasonable accommodation for persons with disabilities in India. However, the apex court’s decision in V. Surendra Mohan v. State of Tamil Nadu restricted the recruitment of visually impaired individuals with disabilities over 50%. This decision was later overruled by the Supreme Court in Vikas Kumar v. UPSC, mentioning that visually impaired persons should be accepted as judges with reasonable accommodations supported by assistive technologies and resources. Nonetheless, there have been instances where state public service commissions have excluded blind individuals from the reservation for civil judge posts. This encroaches upon the principle of reasonable accommodation, and the authors aim to examine different states’ implementation of the Vikas Kumar case, inclusivity on the bench, and constitutional commitments. The paper recommends accommodating visually impaired individuals on the bench with assistive technologies to ensure justice for everyone.