what about the criminal cases. can a completely blind person as a judge
examine all the evidence?
-----Original Message-----
From: akhilesh
Sent: Saturday, November 02, 2013 7:55 AM
To: AccessIndia: a list for discussing accessibility and issues
concerningthe disabled.
Subject: Re: [AI] Blind/deaf can't be judges, say govt and HC;PIL questions
it
don't treat it as bias and partial mail. But how a complete
Hearing-impaired become a judge? As per my information, even hearing
aids cannot aid him to listen the arguments advanced by lawyers.
The post is suitable for 100%visually-impaired and not for complete
hearing-impaired.
Delhi is providing the reservation for visually-impaired 100 percent
and mobility impaired. no mention of hearing-impaired even for
partially ones.
On 11/1/13, Vikas Kapoor <[email protected]> wrote:
CHENNAI: More than a year after Tamil Nadu government, acting as per a
high
court order as well as recommendation of a high power committee of the
court, disqualified blind/deaf persons from becoming district judges or
munsifs/magistrates, a PIL has challenged the decision.
A practising advocate, who became blind at the age of 12, has moved the
high court saying the August 31, 2012 order of the state home department
exempting
the posts of district judge (entry level) and civil judge in the Tamil
Nadu
State Judicial Service from the provisions of Persons With Disabilities
(Equal
Opportunities, Protection of Right and Full Participation) Act, 1995
denied
2% reservation meant for blind and deaf candidates.
His counsel Abdul Qudhose told the bench that in April 2009, while
passing
an order on a case relating to the appointment of subordinate judges, the
high
court had recommended to the state government to issue a notification
exempting complete
blindness
and complete
hearing impairment
from the post of judge as "they were not competent to be judges."
Thereafter, a high power committee of the high court forwarded a
recommendation to the state government, which then issued the impugned
order.
Pointing out that at present 3% reservation is available to the disabled
in
a ratio of 1% each for blind, deaf and the orthopaedically challenged
candidates,
Qudhose said reservation for the blind is a measure of social justice
incorporated in the relevant rules in 2007.
In his petition, Nasarullah said that he himself wrote examination for
the
selection of civil judges (junior division) and district judge (entry
level),
but was not selected as he could not score the cut-off marks. After the
high
court authorities permitted the blind/deaf candidates to participate in
the
written examination, it is not open to the home secretary to take away the
reservation benefits on the ground that they were not competent to be
judges.
The impugned GO seeks to introduce additional disqualification which can
be
prescribed only by the Constitution or the relevant rules, Nasarullah
said,
adding that the authorities are entitled to adopt irrational and
unscientific criteria and exclude the blind/deaf from reservation.
http://timesofindia.indiatimes.com/india/Blind/deaf-cant-be-judges-say-govt-and-HC-PIL-questions-it/articleshow/25069979.cms
Vikas Kapoor,
Mobile: (+91) 9891098137
Skype Id: dl_vikas
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--
Akhilesh Dahiya,
Advocate.
Mobile: +91 9818798780
Email: [email protected]
New Delhi
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Disclaimer:
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2. AI cannot be held liable for any commission/omission based on the mails sent
through this mailing list..