Transforming District Courts for Every Citizen: A Universal Design Approach

An SC judgment rightly denounces the use of derogatory words to refer to the differently-abled and/or the incorrect portrayal of their abilities as ‘extraordinary’ or ‘super-abilities’.

(Photo: Chetan Bhakuni/ The Quint)

Accessibility has been at the forefront of the work undertaken by the Chief Justice of India. Recently, the Supreme Court launched the ‘Handbook Concerning Persons with Disabilities’, highlighting the need to ensure inclusive environments by tackling misconceptions about their autonomy and capabilities, which manifest in the form of dehumanising and unpalatable language.

The Court’s initiative rightly calls for all stakeholders to challenge biases and prejudices to uphold the rights of persons with disabilities (PwDs). In 2023, the Accessibility Committee of the Supreme Court also published a report, which was an important step towards identifying functional challenges at the Supreme Court and recommending accessible facilities.

Other Courts are also taking up similar initiatives. The authors have recently been engaged by the Delhi High Court to conduct an accessibility audit, identifying issues and providing recommendations to improve the experience of courts for all diverse users.

This focus on judicial infrastructure and conscious decision-making to make Courts accessible for all is indeed a step in the right direction.

However, to fully realise this vision, it is crucial to take into account how the physical spaces of Courts hinder PwDs - who may be judges, lawyers, litigants, staff, or other stakeholders - from meaningfully participating in the judicial process. To ensure equal opportunities and support, long-term planning and efforts to include and empower PwDs at all stages of the process are required.

Existing Gaps

During the accessibility audits conducted by the authors, we observed that while several Court Complexes intend to incorporate inclusive designs, the implementation and maintenance often fall short of being responsive to the needs of PwDs. Some of the gaps identified were:

1. Awareness of the required approach, timeline, and user needs;

2. Stakeholder involvement at all stages to gauge differing needs, including the needs of PwDs; 

3. Sensitisation of the teams engaged in the planning, working towards an inclusive design, implementation, and maintenance of the Court buildings; and

4. Restrictions on available funding and constraints on the designated budget. 

Designing Universally Accessible Courts

Understanding the process, approach, and timeline for implementing accessibility measures is essential during the planning, design, and construction phases for new Court buildings, and retrofitting existing ones. It is vital to begin with an accessibility audit conducted by specialised stakeholders, including architects and accessibility experts, PwDs, legal advisors, facility managers, IT specialists, end users, etc. 

Early considerations for accessibility measures have several benefits as they foster an inclusive mindset from the outset; are often more cost-effective than retrofitting later; minimise the risk of future legal issues through compliance with legal regulations; and enhance the overall experience not just for PwDs but for all users.

Additionally, while early planning is ideal, it is never too late to retrofit existing court buildings for improved accessibility. Retrofitting with proper process, planned approach and timeline can address critical accessibility barriers for immediate impact. Even efficiently planned modifications such as periodic capacity building training sessions for staff, retrofitted ramps, grab bars in washrooms, voice assistive apps for navigation, provisions for wheelchairs, etc., can substantially enhance access and raise awareness about accessibility issues.

Principle-Centric Approach: Court Design Handbook

The Justice, Access, and Lowering Delays in India (JALDI) Initiative at Vidhi Centre for Legal Policy collaborated with domain experts in the fields of architecture, accessibility, spatial planning, inclusive design, etc. to launch the “Court Design Handbook: Design Guide for User-Centric Court Complexes” in July 2024. The Design Handbook seeks to envision and implement inclusive, accessible, efficient, comfortable, adaptable, and sustainable courts responsive to the needs of all diverse users. Additionally, the Handbook provides a comprehensive checklist which may be used by all stakeholders to assess the maintenance and functioning of their Courts. 

The Handbook also provides guidelines for ensuring continued maintenance and upkeep of facilities and instilling the need to embrace long-term strategic thinking for continued responsiveness to the evolving needs of users. 

Accessibility is one of the key guiding principles used in the design processes adopted for the Design Handbook. The manner in which buildings are designed is a key factor that affects the abilities of all users who use the space. The Handbook pushes for a universal design approach which takes into consideration the needs of all diverse users beyond a mere barrier-free approach, allowing them to participate equally, confidently, and independently in the justice system. 

For example, an effective accessibility plan must be developed which not only provides a strategy to address the physical and communication barriers in the Court, but also addresses the deeply ingrained biases and attitudinal barriers towards accessibility. The plan should also incorporate a continuous monitoring and feedback mechanism to ensure regular enhancement and elimination of barriers. 

The Handbook also recommends that an Accessibility App may also be developed to assist PWDs in navigating the Court Complex easily. The app should feature comprehensive maps with detailed floor plans of the public areas of the Court Complex, allowing users to locate courtrooms, e-Seva Kendra, restrooms, elevators, and other essential facilities. It should also be integrated with emergency protocols to guide users during evacuation procedures or critical situations within the Court Complex. Comprehensive training sessions should also be conducted for Court staff, security personnel, and other stakeholders to maximise app usage and support proficiency.

Conclusion

An accessible Court Complex that adopts inclusive design principles enables people to use the spaces safely, with dignity, comfort, convenience, and confidence. It also enhances the user experience and facilitates all users to participate equally in judicial activities.

With increased stakeholder participation and knowledge of steps needed for improved accessibility, Indian Courts can take a step forward towards becoming ideal spaces for justice.

[Shreya Shetty and Bhagya Madapur are co-founders of 369 Ochre Studio, architects and urban design consultants. Priyamvadha Shivaji is a Research Fellow, and Shreya Tripathy is a Senior Resident Fellow with the JALDI Initiative at the Vidhi Centre for Legal Policy. The authors are co-authors on the JALDI’s Court Design Handbook, a design guide for user-centric Court design in India. Views are personal.]