Rakesh Kumar Kalra Deaf Divayang vs State Govt. of NCT Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3977

SWARANA KANTA SHARMA
Rakesh Kumar Kalra Deaf Divayang – Appellant
Versus
State Govt. of NCT Delhi – Respondent

Advocates appeared:
Mr. Dharmendra Kumar, Ms. Anjana, Mr. Manoj Kumar, Mr. Rajmani Mishra & Mr. Nitin Sharma, Advocates alongwith Petitioner.
Ms. Rupali Bandhopadhya, ASC for State with SI Virender, PS Begumpur.
Mr. Anurag Ahluwalia, CGSC with Mr. Abhiyan Siddhant, GP, for the Respondent-2(UOI).
Mr. N. Hariharan, Senior Advocate (Amicus Curiae) with Mr. Aman Shreyas, Mr. Siddarth S. Yadav, Ms. Punya Rekha Angara, Mr. Prateek Bhalla, Mr. Sharian Mukherji and Mr. Mueed Shah, Advocates.
Mr. Ajay Verma, Advocate, for the DSLSA.

JUDGMENT

Index to the Judgment

PRELUDE

FACTUAL BACKDROP

SUBMISSIONS AT THE BAR

ISSUE BEFORE THIS COURT

CONCEPT OF FAIR TRIAL

(i) Fair Trial as a fundamental right of the accused

(ii) Ensuring Fair Trial to Accused Persons with Disabilities facing Criminal Trial: Constitutional Duty of the Courts

ROLE OF COURTS IN ELIMINATING DISABILITY DISCRIMINATION

RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016: AN OVERVIEW

(i) Objectives sought to be achieved by the Act

(ii) Relevant Provisions of the Act

ANALYSIS OF `THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016'

(i) `Access to Justice' under the Act

(ii) Efforts made so Far to give effect to Section 12 of the Act

(iii) Deficiencies and Inadequacies in the Act regarding Special Rights of an Accused with Disabilities facing Criminal Trial

COURT AS AN ADJUDICATOR AND HEALER

SUGGESTIONS AND DIRECTIONS

(i) Theoretical Possibilities And Practical Impossibilities

(ii) Existing Jurisprudence Lacking Provisions For Accused Persons With Disabilities

(iii) Equal Justice to Every Citizen

(iv) Suggestions to Give Effect to Section 12(4)(c) of Rights of Persons

with Disabilities Act, 2016

(v) Infrastructural Improvements and Other Suggestions

(vi) Identifying Legislative Gaps an

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2023 Supreme(Del) 3977

SWARANA KANTA SHARMARakesh Kumar Kalra Deaf Divayang – AppellantVersusState Govt. of NCT Delhi – Respondent

SWARANA KANTA SHARMA
Rakesh Kumar Kalra Deaf Divayang – Appellant
Versus
State Govt. of NCT Delhi – Respondent