NEW DELHI: Expressing concerns over the existence of harmful stereotypes against persons with disabilities (PWDs) that have the tendency of reducing them to a fragment of what they truly are, Supreme Court judge Justice DY Chandrachud on Saturday urged the government and private entities to ensure compliance of disability law and policies.
“It is incumbent on all institutions be it the governmental or private and all individuals to do their bit to ensure a more just world for PWDs. Governmental or private entities must ensure that laws and policies are being complied with. This is of the foremost importance in our individual capacities to accord the respect that they deserve and treat them as equals,” the judge said while delivering a lecture on the topic, “Making Disability Rights Real: Addressing accessibility and more.”
Citing an instance of the Archaeological Survey of India building ramps overnight in Qutub Minar for a comfortable visit of Professor Stephen Hawking and his wife, he said, “It is not pity that PWDs require but the entitlement to be treated as equals. We must also aim towards a just society which accounts for their needs and provides facilities to accommodate them. These facilities ensure that they are able to exercise their rights and enjoy their freedoms with an equal footing to able bodied people. These facilities which are known as reasonable accommodation must not be viewed with contempt.”
Chandrachud also said, “Despite laws mandating disability infrastructure, public transport, government and private buildings, hospitals, libraries, parks and host of other spaces continues to be inaccessible to PWD’s. Some entities do not even pretend to comply with such laws while others comply with them in a desultory fashion with a view to getting their building and occupancy permits. Ive noticed that some ramps are so steep that an able bodied person cannot walk down without falling over, let alone a person with a wheelchair or crutches. This is just the tip of the iceberg of the problem with the implementation of disability friendly policies.”
Acknowledging the presence of stereotypes that PWD’s are “burdensome” or “defenceless” or “different from able bodied people as being lesser than them” the judge said differences between able bodied people and PWD both real and perceived give rise to immense stigmas in society. He also said that the disability rights movement had long advocated against the position that they have special needs, they only have human needs the fulfillments of which will only enable them to participate in society on an equal basis with able bodied.
Justice Banerjee leaves indelible mark
After serving four years, Justice Indira Banerjee who joined the league as eighth women judge of the SC since independence, demitted office on Friday. Her swearing-in in 2018, had created a history as it completed the trio of three sitting female judges in the SC, other two Judges were Justices R. Banumathi and Indu Malhotra. Before her elevation as SC judge, she in 2002 was elevated as a permanent judge of Calcutta HC. After 14 years of judgeship was appointed as judge of the Delhi HC. In 2017, she was sworn in as the Chief Justice of Madras HC.
With her wisdom which shone bright, she delivered various rulings. A bench which she shared with Justice Chandrachud had ruled that when a woman engages in sexual relations on false promise to marriage, her consent is based on “misconception of fact”, and such sexual act(s) amount to rape. A bench led by her had also not allowed the use of Idgah Maidan in Bengaluru’s Chamarajpet for Ganesh Chaturthi and had asked the parties (Karnataka State Board of Auqaf & Central Muslim Association of Karnataka and the State of Karnataka) to maintain status quo. She along with Justices SA Bobde and Indu Malhotra were also a member of SC panel that looked into the allegations of sexual harassment against then CJI Ranjan Gogoi.