Jharkhand HC directs the State to dispense disabled-friendly infrastructure in courts, tribunals

Authored by: Esha Jaiswal (Intern at Legal Soch Foundation)

This news deals with the direction of the Jharkhand High Court to the State government to construct all courts, quasi-judicial bodies, and tribunals in the State with disabled-friendly infrastructure.

Keywords - Disabled - friendly Infrastructure, Judicial Bodies, PIL

Jharkhand High Court directed the state to provide and dispense disabled-friendly infrastructure in all judicial bodies of Jharkhand within five years as was mandated by the notification of the Rights of Persons and Disabilities Rules, 2017.

This order was passed by the bench of 2 Judges in which one was Chief Justice Sanjaya Kumar Mishra and second one was Justice Rajesh Shankar.

The bench ordered that disabled-friendly infrastructure and other such facilities be provided within six months, as the deadline of five years has already passed.

The Court passed this order on a Public Interest Litigation which was filed by the People’s Union for Civil Liberties asking for a minimum of two wheelchairs in all courts and Judicial and quasi-judicial forums from the state government by requesting the court to direct the state government in this matter.

In addition, the plea also sought the implementation of such facilities for disabled individuals by Section 12 (access to Justice and 45 (time limit) of the Rights of Persons with Disabilities Act, 2016.

In light of this situation, the court decided the order as promised by Mr. Rajiv Ranjan, the Learned Advocate General appearing for the state that since the given time has already passed, the said facilities must be provided within six months in all the courts, Authority, Tribunals, Judicial and quasi-judicial bodies of the state.

In June 2023, the Court directed the state to file the counter affidavit for this petition and take several appropriate steps but the state has not filed any affidavit. So, the court found that the government has no objection to the petitioner’s prayer.

The Court mandated that the Chief Secretary of the State of Jharkhand shall execute the court’s order by taking major steps and giving directions to the Department In-charge for such facilities.

Advocate on behalf of Petitioner - Adv. Shailesh Poddar

Advocate on behalf of Respondents - Adv. Rajiv Ranjan and Adv. Piyush Chitresh

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