Bench: Justice Swarana Kanta Sharma
Case No.: W.P.(CRL.) 2500/2022
Case Title: Rakesh Kumar Kalra Deaf Divyang v. State Govt. of NCT Delhi
Date of Judgment: 24 August 2023
Citation: 2023:DHC:6132 ; 2023 SCC OnLine Del 5261
Background
In a significant judgment expanding disability rights jurisprudence into the domain of criminal justice, the Delhi High Court examined whether persons with disabilities accused in criminal cases are able to meaningfully participate in judicial proceedings and receive a fair trial on equal terms with others.
The petitioner, Rakesh Kumar Kalra, approached the Court under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure seeking directions for constitution of a Special Court under Section 84 of the Rights of Persons with Disabilities Act, 2016 (“RPwD Act”) and for provision of appropriate accommodations and assistive support during the criminal trial faced by him.
The petitioner had been deaf since childhood and was also suffering from additional medical conditions including visual impairment and jaw stiffness arising out of post-traumatic complications. He contended that the existing criminal justice process did not adequately accommodate his disabilities, thereby preventing him from effectively understanding and participating in the proceedings against him.
The matter raised an important but largely neglected issue within Indian disability law — the rights of accused persons with disabilities within the criminal justice system. While Indian courts have increasingly addressed accessibility for students, employees, victims, and witnesses, there has been very limited judicial attention on accessibility barriers faced by persons with disabilities who themselves stand accused before courts.
Recognising the constitutional importance of the issue, the Court appointed N. Hariharan as Amicus Curiae to assist on questions relating to access to justice, infrastructural barriers, procedural fairness, and implementation of disability rights within criminal courts.
Key Observations of the Court
Justice Swarana Kanta Sharma delivered a far-reaching judgment emphasising that the constitutional guarantee of fair trial under Articles 14 and 21 extends equally to accused persons with disabilities and that access to justice cannot remain merely formal or symbolic.
The Court observed that equal access to courts loses meaning when judicial institutions themselves remain inaccessible due to communication barriers, inaccessible infrastructure, lack of assistive technologies, or absence of procedural accommodations.
Importantly, the Court posed a broader constitutional question:
“Whether the judicial system itself has complied with the requirement of equality apropos a person with disability who is an accused or petitioner before the court of law, while it administers justice.”
The judgment recognised that criminal procedures are often designed around assumptions of normative hearing, speech, vision, mobility, and comprehension capacities, without accounting for the needs of persons with disabilities. In such situations, the absence of accommodations may directly impair an accused person’s ability to understand proceedings, consult counsel, participate in defence strategy, or exercise procedural rights effectively.
The Court undertook an extensive examination of Section 12 of the RPwD Act dealing with access to justice and noted that despite statutory recognition of this right, the existing criminal justice framework remains inadequate in addressing the requirements of accused persons with disabilities.
The Court further observed that while mechanisms such as vulnerable witness deposition complexes have evolved for witnesses and victims, there remains little structured guidance or institutional support for accused persons with disabilities facing prosecution.
Referring to the constitutional importance of fair trials, the Court relied upon the decision of the Supreme Court of India in Zahira Habibullah Sheikh v. State of Gujarat, (2006) 3 SCC 374, and reiterated that fairness in criminal adjudication necessarily includes meaningful participation.
The Court also referred to State of Maharashtra v. Bandu, (2018) 11 SCC 163, and Smruti Tukaram Badade v. State of Maharashtra, 2022 SCC OnLine SC 78, while discussing the need for judicial sensitivity, procedural safeguards, and disability-inclusive approaches within the justice delivery system.
In addition, the Court highlighted the importance of implementing the Standard Operating Procedure on Accessible Court Documents prepared by the E-Committee of the Supreme Court of India to ensure accessibility of court records and judicial documentation.
The Court also highlighted the need for alternative and accessible communication systems including sign language interpretation, braille support, accessible documents, and assistive technologies to ensure effective participation of persons with disabilities in court proceedings.
Directions and Recommendations
The Delhi High Court issued extensive observations and directions aimed at strengthening accessibility within the criminal justice system. The Court:
- Examined the requirement of constituting Special Courts under Section 84 of the RPwD Act.
- Directed attention towards implementation of Section 12 of the RPwD Act relating to access to justice.
- Emphasised the need for communication accommodations and assistive technologies for accused persons with disabilities.
- Recommended accessible documentation and interpretation services tailored to individual disabilities.
- Suggested creation of specialised courtroom facilities for persons with disabilities similar to vulnerable witness complexes.
- Highlighted the necessity of infrastructural improvements including ramps, elevators, wheelchairs, assistive devices, and accessible court facilities.
- Called for sensitisation and training programmes for judges, lawyers, court staff, and police personnel through the Delhi Judicial Academy.
- Directed authorities to formulate schemes and mechanisms to support accused persons with disabilities during criminal proceedings.
- Stressed the need for greater public awareness regarding accessibility rights and available support systems within courts.
- Directed effective compliance with Section 12(4)(c) of the RPwD Act, including provision of electronic and assistive devices required for participation in judicial proceedings.
Judgments Relied Upon
The Court referred to and relied upon the following important judgments and legal materials while evolving principles relating to fair trial and disability-inclusive access to justice:
- Zahira Habibullah Sheikh v. State of Gujarat, (2006) 3 SCC 374 — concerning the importance of fair trial as an essential component of criminal justice.
- State of Maharashtra v. Bandu, (2018) 11 SCC 163 — relating to sensitivity and procedural safeguards in judicial proceedings involving vulnerable persons.
- Smruti Tukaram Badade v. State of Maharashtra, 2022 SCC OnLine SC 78 — emphasising victim-sensitive and dignity-oriented judicial processes.
- Standard Operating Procedure on Preparation of Accessible Court Documents issued by the E-Committee of the Supreme Court of India.
Commentary
The judgment in Rakesh Kumar Kalra Deaf Divyang v. State Govt. of NCT Delhi marks an important development in Indian disability jurisprudence because it expands the discourse on accessibility beyond public infrastructure and into the core functioning of judicial institutions themselves.
A particularly significant contribution of the ruling lies in its recognition that criminal procedure can become exclusionary when courts fail to accommodate disabilities. The judgment correctly acknowledges that equal justice cannot be achieved merely by applying identical procedures to all accused persons irrespective of disability-related barriers.
The decision also aligns Indian constitutional jurisprudence with the principles of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which emphasises autonomy, participation, dignity, and equal recognition before law.
Equally important is the Court’s recognition that accessibility within the justice system requires institutional redesign rather than ad hoc accommodations. By drawing parallels with vulnerable witness courts, the judgment opens the possibility for specialised courtroom models and procedural frameworks for persons with disabilities.
The ruling is also notable for addressing legislative and procedural silences. Instead of treating absence of detailed statutory mechanisms as a barrier, the Court invoked constitutional principles of equality and dignity to evolve broader normative guidance.
At a wider level, the judgment represents a shift away from paternalistic understandings of disability toward a rights-based constitutional framework grounded in substantive equality and meaningful participation.
The decision therefore stands as a landmark precedent affirming that access to justice under the Constitution and the RPwD Act requires courts themselves to become accessible institutionally, technologically, and procedurally so that persons with disabilities can participate in criminal proceedings on genuinely equal terms.
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