Pranav Shukla
On 25 November 2024, a group of visually impaired law students and graduates approached the Supreme Court, filing a petition in the case Yash Dodani and Others v. Union of India and Ors. The plea highlights systemic discrimination and violations of the Rights of Persons with Disabilities (RPwD) Act, specifically in the conduct of critical legal exams such as the All India Bar Examination (AIBE) and the Common Law Admission Test (CLAT).
A Bench comprising Justices Surya Kant and Ujjal Bhuyan has sought a response from the Central government regarding the petition and scheduled the case for a hearing on the same day.
The petitioners, who are individuals with severe visual impairments, emphasized the ongoing challenges they face in obtaining essential accommodations for these exams, despite multiple efforts to communicate with the Bar Council of India (BCI) and the authorities responsible for conducting CLAT.
The first petitioner, a law graduate from NALSAR University with 90% low vision, requested permission to use a computer for the AIBE-XIX exam. Despite numerous emails and letters to the Bar Council of India (BCI), he received no response or assistance. This petitioner has an impressive track record, including establishing an Accessibility Lab for individuals with visual and hearing impairments.
Another petitioner, a blind law student from Government Law College, Mumbai, sought clarification on scribe eligibility requirements and permission to use a computer for the CLAT exam. However, his repeated inquiries were ignored.
The third petitioner, a blind law graduate from Auro University in Surat, requested digital versions of Bare Acts and permission to use a computer for the AIBE-XIX exam. After the BCI’s helpdesk verbally denied his request, he received no formal written reply to address his concerns.
These recurring instances of neglect compelled the petitioners to approach the Supreme Court for redress.
The petitioners have asked the Court to direct the respondents to provide the necessary accommodations and comply with legal requirements.
Their specific requests include allowing the use of computers, providing access to digital copies of Bare Acts for exams such as AIBE-XIX, establishing clear and inclusive guidelines for scribe eligibility, and ensuring exam centers are accessible to persons with disabilities.
They have also called for mandatory sensitization programs for exam invigilators to address the unique needs of visually impaired individuals, ensuring the examination process is fair and accessible.
Case Name:- Yash Dodani and Ors v. Union of India and Ors.
Case Number :- Writ Petition (Civil) 785/2024
Bench:- Justice Surya Kant and Justice Ujjal Bhuyan
Click here to access the order.