The Supreme Court highlighted the importance of empathy for visually impaired individuals in judicial service recruitment, reserving its decision on six related petitions. It emphasized the necessity of ensuring accessibility and fair opportunities, including specific accommodations in examinations. The Court aims to establish comprehensive guidelines for inclusivity, addressing discriminatory practices that hinder visually impaired candidates from participating in judicial roles.
New Delhi: The Supreme Court, on Tuesday, underscored the need for “empathy and compassion” toward visually impaired individuals while reserving its verdict on six petitions, including a suo motu case on the denial of reservations to such candidates in judicial services across certain states.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan emphasized that visually impaired individuals must be empowered to perform their duties without facing hostility.
“What is required is empathy and compassion so that the visually impaired persons can perform their duties. There should not be a hostile approach towards them,”
the bench remarked.
Senior advocate Gaurav Agarwal, acting as amicus curiae, highlighted Section 34 of the Rights of Persons with Disabilities Act. This mandates that at least 4% of vacancies in public establishments be reserved for individuals with benchmark disabilities, with 1% specifically for blindness and low vision. He asserted that excluding visually impaired candidates from judicial services undermines the intent of this legislation.
The bench addressed issues faced by visually impaired candidates in the judicial service examinations conducted by Madhya Pradesh and Rajasthan in 2024. Despite clearing preliminary exams, these candidates were barred from mains and interviews. Justice Pardiwala noted, “They can appear next time,” while assuring comprehensive guidelines for inclusivity in future recruitment processes.
The Court had previously directed states to establish equitable qualifying marks for Persons with Benchmark Disabilities (PwBD) in judicial exams. These benchmarks should align with or be lower than those for SC/ST candidates, ensuring fair representation in the recruitment process.
The case originated from Madhya Pradesh judicial service rules, which explicitly barred visually impaired candidates from serving as judicial officers. A letter from the mother of a visually impaired aspirant brought attention to discriminatory provisions, prompting the Court to initiate a suo motu PIL.
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In November, the Court issued directives to ensure that PwBD candidates receive fair opportunities, including:
- Separate qualifying marks for PwBD candidates in preliminary exams.
- Provisions for scribes, extra time, and tailored accommodations for visually impaired candidates.
- Representation for all disability categories under the Rights of Persons with Disabilities Act, 2016.
The bench aims to set comprehensive guidelines instead of issuing directions for individual cases. Written submissions from the parties are expected within a week, and the case will be revisited on December 18, 2024.
The Supreme Court’s proactive stance reflects its commitment to inclusivity and equality, ensuring that visually impaired candidates can pursue judicial careers without undue barriers.
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