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Supreme Court Stresses Accessible Formats for Disabled Law Students Preparing for AIBE and CLAT

Keywords: Supreme Court, Accessibility, AIBE, CLAT, Benchmark Disabilities, Visually Impaired Students, Accessible Court Documents, OCR-enabled PDFs, Justice Surya Kant, Disability Rights

Supreme Court Emphasizes Accessibility for Disabled Law Students in AIBE Preparation

In a significant move towards inclusivity, the Supreme Court of India highlighted the urgent need to ensure accessibility for law students with benchmark disabilities, particularly those preparing for the All India Bar Examination (AIBE) and Common Law Admission Test (CLAT). The Court underscored the necessity of providing essential legal materials, including bare acts and other resources, in formats accessible to visually impaired individuals and other persons with disabilities.

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan made these observations while hearing a plea advocating for accessibility measures. The petitioners, represented by Advocate Rahul Bajaj, pointed out that the Union Government’s counter affidavit was not provided in an OCR-enabled or accessible format, thereby posing barriers for visually impaired students and lawyers. Bajaj emphasized that accessibility must extend to all court filings and pleadings in cases involving individuals with disabilities, including documents in Word or OCR-enabled PDF formats.

Court’s Concerns on Lack of Accessibility

Justice Surya Kant expressed concern over the Supreme Court’s lack of an accessible filing mechanism, observing that it is the duty of the content submitter to ensure accessibility rather than burdening individuals with disabilities to make materials usable. Bajaj further informed the bench about the absence of a mechanism in the Registry to identify cases involving lawyers or litigants with disabilities, proposing accommodations such as indicating disability status in Vakalatnama filings.

The Court noted the irony in the situation, given the Supreme Court’s stated commitment to accessibility. Justice Kant highlighted that many recommendations from the Supreme Court’s Accessibility Report remain unimplemented, reinforcing the need for urgent action.

Directions and Proposals for Accessibility

Justice Kant directed the Additional Solicitor General (ASG) to ensure that the counter affidavit is refiled in an accessible format within one week. Suggestions were also made for advocates and Advocates-on-Record (AORs) to notify the Registry of cases involving persons with disabilities via email. Bajaj cited a similar practice under consideration by the Delhi High Court’s Accessibility Committee and called for uniform mechanisms across judicial bodies.

Implications for Legal Education and Inclusion

The Court’s emphasis on accessible formats is a pivotal step for visually impaired law students, ensuring they have equal opportunities in exams such as AIBE and CLAT. These directives also underline the judiciary’s broader commitment to inclusion and the enforcement of rights under the Rights of Persons with Disabilities Act, 2016.

This case sets a precedent for implementing systemic reforms to make the legal ecosystem more inclusive, ensuring that individuals with disabilities can participate equitably in the judicial and legal profession. The issue will likely spur further deliberations on creating a universally accessible legal framework in India.

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Ashutosh Dubey

legal journalist,Public Affair Advisor AND Founding Editor - kanishksocialmedia-BROADCASTING MEDIA PRODUCTION COMPANY,LEGAL PUBLISHER

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