I think we need to start a discourse for change in legal culture in India. Probably those who study Gender, disability and law have read Saptrashi Mandal's piece appeared in the January 2013 Issue of Indian Journal of Gender Studies titled: 'The Burden of Intelligibility: Disabled Women’s Testimony in Rape Trials'. Let me share some portions of an abstract here: 'What is the evidentiary value accorded to a woman’s testimony in a rape trial, when she is disabled? How is her testimony—conveyed non-verbally and made accessible to the judges through an interpreter—processed by a legal culture that values descriptive precision and intelligibility? How does ‘intelligibility’ itself act as a sieve through which the testimony of the disabled prosecutrix is passed to deter-mine if the allegation of rape is proved beyond reasonable doubt?'
Now, when disabled rape survivor doesn't get satisfactory representation and his/her legal capacity and intellegence is questioned by existing legal culture, then seeing blind/hearing challenged to become judge is distant dream. But as evident from South Africa and UK, Where blind have become judges in civil Courts we can advocate and start fight for similar miracle happen in India also. Undoubtedly, blind can settle civil issues with prudence. Afterall, litigants present their versions, then wisdom is recquired not sight, And if you remember Former CJI's Altamas Kabeer one statement said in matter of visually challenged civil service candidates vs Department of Personell and Trainning, "One doesn't recquire sight to perform one's duty, but vision." And this year only, Britain's only blind judge, dge John Lafferty had adjourned the sentencing of a pervert so that a sighted judge can decide how serious a child pornography video is. Judge John Lafferty told Snaresbrook Crown Court that as he couldn't view the video - showing a woman having sex with a boy - he couldn't rule how 'serious' it was. Judge Lafferty, however, was unable to judge which of the five categories of seriousness the video fell into, so adjourned sentencing of the case to allow a fully-sighted judge to decide. He told the court: 'There is clearly what appears to be sexual intercourse between a boy and a woman. 'In my judgement there is a very clear impression that sexual intercourse is going on between the seductress and the boy. Snaresbrook Crown Court heard that officers found a video of a woman having sex with a boy on his laptop 'There is no clear evidence of penetration and the soundtrack does not help. 'Therefore I have to decide whether I am prepared to draw the conclusion whether it is sexual intercourse between a boy and a woman. 'It is not the grossest form of level four depictions that one could imagine. 'However, I am happy to allow a judge who can more aptly see the video to pass sentence and decide which category this falls in to.' Full news can be viewed at: http://www.dailymail.co.uk/news/article-2395382/Blind-judge-adjourns-sentencing-pervert-sighted-judge-decide-child-pornography-video-is.html Finally, it is true that being blind we have our limitations but that doesn't mean we can't become judge... Hope things will become better. 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 > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- Avinash Shahi M.Phil Research Scholar Centre for The Study of Law and Governance Jawaharlal Nehru University New Delhi India Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
