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Written by: Ishita Pal (Intern)

Edited by: Anubhav Yadav (Content Head & Developer)

The petitioner, Nitesh Gupta, a blind man, seeking inter-alia, with the availability of public documents in some special format e.g., Braille for disabled (blind) people like him. The petitioner appealed before Allahabad HC with this writ-petition to mandate in the accessibility formats of documents under Section 12 of the Rights of Persons with Disabilities Act, 2016.

Nitesh Gupta is completely blind from the time of his birth and thus he is suffering from the disability with cent percent. He appeared before the Court to mandate and start in full faith of section 12 of the Rights of Persons with Disabilities Act, 2016.

Section 12 of the Rights of Persons with Disabilities Act,2016 says about access towards justice. It says that the appropriate government should ensure that people with disabilities can exercise their rights just like normal people to access any kind of court, authority, commission, tribunal, or the other body having the judicial or quasi-judicial or investigative powers with none quite discrimination on the idea of their disability.

Two advocates appeared before the court for the petitioner, they are Adv. Sudhanshu Kumar and Adv. Rajshri Gupta.

Case Name: Nitesh Gupta Vs State of UP & Others

THE CLAIMS OF THE PETITIONER TOWARDS GOVERNMENT AND COURT 

  • Being a born-blind person and with a cent percent of disabilities, the petitioner is a party who has various pending cases in different courts.

  • He also said, Section 12 of the Rights of Persons with Disabilities Act,2016 supports those people who has disabilities so that they also can access all kinds of rights in courts without any discrimination for being disabled.

  • He has those several pending cases because of the non-availability of accessible documents for disabled people.

  • He made requests for Braille scripts of all public documents and also for making arrangements for video conferencing hearing of the court though the hearing with video conference had been declined by the Court with the respect of administrative side without having regard or having checked to the above legal provisions.

  • He said Court shall at least look and check the laws of the Rights of Persons with Disabilities Act, 2016 before declination of his petition of video conference hearing process of Court.

THE PRESENT ORDER BY THE HC OF ALLAHABAD 

  • The Learned Standing Counsel appearing on behalf of the State-respondents and Sri Ashish Mishra, learned counsel appearing on behalf of the respondent Nos.2 and 4 pray for and are granted three weeks to file their respective responses.

  • The Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma has involved the reply of the government and therefore the high court administration and are granted 3 weeks to file their responses.

  • After listening to all the things, Court ordered that the next hearing will be on 27th September 2021 in Allahabad HC regarding the present case of Nitesh Kumar.
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