Supreme Court Issues Notice In PIL Seeking Bar Councils To Collect Data On Candidates With Disabilities To Shape Policies For Disabled Lawyers

On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities. As per the plea listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, this data collection shall be in accordance with the Rights of Persons with Disabilities (RPWD) Act of 2017 and it could be utilised to shape policies that support lawyers with disabilities in their legal practice, thereby ensuring their equal standing with non-disabled lawyers.

The petitioner, who is both a lawyer and a person with a disability, had previously submitted a detailed representation to the Bar Council of India through their legal representative. However, as per his plea, the Bar Council of India did not respond to this representation.

The plea highlights the significance of the RPWD Act, which was enacted in 2017 and outlines the duties and responsibilities of relevant government bodies, special courts, national funds, and state funds for Persons with Disabilities. In light of this legislation, the petition emphasizes the need to gather data about lawyers with disabilities to ensure their equitable treatment and access to the benefits outlined in the 2017 Act.

As per the PIL, collecting data on lawyers with disabilities, specifically related to their disabilities, is crucial for several reasons. It supports increased representation of lawyers with disabilities within the legal community, facilitates the addressing of their unique needs, enables the provision of necessary support, and empowers advocacy for their rights. Furthermore, this data is instrumental in shaping policy development and dispelling stereotypes. Ultimately, it plays a vital role in promoting diversity, inclusion, and equity within the legal profession, allowing individuals with disabilities to pursue legal careers with dignity, stated the PIL.

The petition further underlines that the petitioner's examination of enrolment forms from various State Bar Councils revealed that out of 22 State Bar Councils, only the Bar Council of Tamil Nadu and Puducherry currently collect and record data on the disability status of applicants. Additionally, they require the submission of a disability certificate along with the enrolment form. This PIL seeks to standardize such data collection practices across all State Bar Councils in India.

The petition has been filed through Advocate-on-Record Shashank Singh.

Case Title: Fateh Mohit Whig v. Union Of India And Ors. W.P.(C) No. 1218/2023 PIL-W

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