Inclusive Infra, Vocational Training, Interpreters And More: Gauhati High Court Frames 'Equal Opportunity Policy For Persons With Disabilities'

The Gauhati High Court has framed and notified 'Equal Opportunity Policy for Persons with Disabilities' for all the Courts under its jurisdiction.

The policy statement dated February 27, 2024 read:

“The Gauhati High Court is committed towards eliminating all forms of discrimination (direct and indirect) and harassment and denial of reasonable accommodation to PwDs.”

Major Highlights of the said Policy are as follows:

1. Facilities and amenities to be provided to PwDs to enable them to effectively discharge their duties in the establishment:

a) The physical infrastructure, i.e., buildings, furniture, other facilities in the Court premises, etc., should be revamped in such a manner so as to ensure strict compliance with the Rights of Persons with Disabilities Act, 2016 (RPWD Act).

b) Provisions for elevators, wheelchairs, tactile paths, ramps, grab bars, wider doorways, assistive devices, disabled-friendly toilets/washrooms, separate reserved seating facilities, Braille signage, etc., may be arranged, as far as practicable, to ensure a barrier-free environment for PwDs, if such proposal is sanctioned by the respective State Government.

c) The communication needs of employees/persons suffering from visual/hearing/speech impairments should be met by using appropriate means like interpreter/sign language expert, Braille, large print, tape service and other assistive devices like low vision aids, hearing aids, etc., either to be provided free of cost or at rates prescribed by the Government. The Courts should ensure that the digital infrastructure is disabled-friendly and easy access is made available to all e-Court services.

d) A dedicated helpdesk manned by paralegal volunteers and a specialised medical unit may be set up for the assistance of PwDs and special care may be provided to PwDs, especially women and children, accompanying litigants.

2. List of positions identified suitable for PWDs:

a) The Gauhati High Court and Courts under its jurisdiction shall prepare a list of identified posts in all groups for PwDs which could be easily performed by them and prepare and maintain a record of the same. A specific policy be made so that no establishment shall discriminate against any differently-abled person in matters of employment.

3. The policy further provides for the manner of selection of PwDs for various posts, post-recruitment training, preference in transfer and posting, special leave, preference in allotment of residential accommodation, if any, and other facilities:

a) There shall be 4% reservation of all categories of posts for PwDs.

b) Promotion is not be denied to any employee solely on the ground of disability.

c) The Gauhati High Court and the Courts under its jurisdiction shall explore the feasibility of conducting various vocational training and other self employment schemes and programmess for all employees, with special focus on differently-abled employees in coordination with other government departments/establishments and experts in the field of disability rights.

d) As far as practicable, PwDs/differently-abled employees may be exempted from the rotational transfer policy/transfer and be allowed to continue in the same job, where they would have achieved optimum performance.

e) Special leave may be granted to PwDs/differently-abled employees as per the rules laid down by the respective State Governments.

f) Subject to availability, preference shall be given to PwDs/differently-abled employees in the matter of allotment of residential quarters.

4. As per mandate of the RPWD Act, the Gauhati High Court may appoint a Gazetted Officer as Liaison Officer for each of the States of Assam, Nagaland, Mizoram and Arunachal Pradesh who will be responsible for taking initiative and providing requisite support needed to the PwDs/differently-abled employees to realize the goal of all inclusive work place.

5. A Grievance Redressal Committee shall be constituted in the Gauhati High Court (Principal Seat and the Outlying Benches) and also in the District Courts of the States of Assam, Nagaland, Mizoram and Arunachal Pradesh. The Committee shall comprise of a Grievance Redressal Officer and two or three Members and will address complaints of discrimination and harassment against PwDs.

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