Lack of critical data on persons with disabilities make judicial reform difficult: Report
The report also underscores how India's justice system, despite some progressive mandates, remains largely inaccessible to persons with disabilities due to the absence of reliable data and poor institutional implementation. In his foreword to the report, former Chief Justice of India (CJI) D Y Chandrachud observed that data-driven reports are invaluable. 'They go beyond anecdotal or moral appeal. They enable precise policymaking, track compliance, and create accountability. They also provide civil society, courts, and policymakers with the tools to move from aspiration to action,' wrote Justice Chandrachud in his foreword. According to the former CJI, in documenting the barriers and the breakthroughs, the report by Pacta makes an even deeper argument: that inclusive systems benefit everyone.
Justice Chandrachud added that the curb cut effect (disability friendly design like curb cuts for wheelchairs, for instance, raise the overall accessibility for those with strollers and luggage using curb cuts) uplifts our collective expectations from institutions. 'Positive measures such as accessible filing systems, disability sensitisation, and representation within institutions do not just help persons with disabilities; they strengthen the justice system as a whole, making it more humane, participatory, and responsive,' he added.
The report also pointed out that many courts, police stations, and prisons remain physically and digitally inaccessible, and even hostile for persons with disabilities despite legal mandates. According to Nivedita Krishna, founder of Pacta, for persons with disabilities in India, the justice system remains difficult to navigate -- marked by physical, procedural, attitudinal, and systemic barriers. 'Over 26 million persons with disabilities in India continue to be excluded from the justice system. A relentless focus on disability inclusion through awareness, enforcement of reservation policies, infrastructure accessibility, and comprehensive data collection are needed to realise full inclusion of persons with disabilities in the justice system,' she added.
Persons with disabilities are also largely absent from justice sector jobs, with mandated employment quotas not being effectively implemented, is yet another key finding of the report. To correct the imbalance, the report suggests that the Collegium must adopt a holistic approach when considering judicial appointments, proactively identifying and recommending qualified persons with disabilities.
Other recommendations suggested in the report include mandatory disability-disaggregated data across all four pillars of the justice system, public accessibility audits and transparent reporting of reasonable accommodations and integration of disability rights into training curricula for police, judiciary, and legal aid actors.
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