On a seemingly ordinary morning of September 22 (Friday), the Supreme Court of India gave a surprise to all involved in its virtual proceedings. A small window opens on the screen, showing a man who understands the court proceedings in sign language. The presence of Indian Sign Language (ISL) interpreter, Saurav Raichoudhary, was arranged by Advocate-on-Record Sanchita Ain, who had a single mission in mind – to ensure that her deaf Jr., Advocate Sara Sunny could actively participate in the court’s deliberations. .
Ain faced initial resistance from the virtual courtroom moderator who told her that the interpreter could not be allowed to keep her video on for the entire duration of the court proceedings. However, CJI DY Chandrachud, presiding over the proceedings, was more than willing to allow the translator to keep his video on, saying, “Of course, the translator can join in on the action. No problem.”
Soro’s unexpected appearance did not go unnoticed. This sparked curiosity and admiration among the audience, including Solicitor General Tushar Mehta, who, in addition to being helpful, praised the translator’s speed, remarking, “The speed at which the interpreter is interpreting in sign language is amazing.“
Advocate Sara Sunny, India’s first practicing deaf lawyer, spoke. Living law Translating proceedings for him about his unique experience of being an ISL interpreter. Sarah did not hold back her praise, especially for Chief Justice of India DY Chandrachud, who has been a vocal advocate for equal access to justice for persons with disabilities. He told Living law–
“The open mindedness of the CJI has set an example and opened doors especially for persons with disabilities…Though this time I was not there to argue the case, Advocate Sanchita opened doors for me to gain an experience. wanted to Supreme Court and to prove that specially disabled person is not behind.“
It is worth noting that CJI Chandrachud’s dedication to ensuring equal access to justice is not new. Just last year, it called for a comprehensive access audit of the Supreme Court premises. The objective was clear – to make the justice system more accessible and specifically to understand the challenges faced by persons with disabilities in interacting with the Supreme Court of India. Even during open court sessions, CJI Chandrachud has consistently voiced his mission to transform courts across the country into welcoming spaces for lawyers and the disabled. In this context, the presence of an ISL spokesperson in the Supreme Court marked a significant step towards realizing this vision.
To get the full picture, Living law Also spoke to Advocate Sanchita Ain, the driving force behind having an ISL interpreter in the courtroom. In a candid conversation, he shared that the ISL interpreter’s appearance coincides with International Sign Language Week. At the same time, he asserted that the importance of this moment is juxtaposed with the challenges facing the path of genuine inclusion and access within the Indian legal system. He emphasized that for real institutional change it is important for management to play an active role in promoting sign language accessibility. In his view, involving the administration was crucial to bring much-needed change within the legal system and ensure equal access to justice for all.
Highlighting the critical issues faced by persons with disabilities in accessing courts in particular, he said perhaps the biggest hurdle for freshers and junior lawyers was the financial and logistical challenges of securing interpreters. She said interpreters are often charged by the hour and have to take a break after a 30-minute session. Thus, for a deaf lawyer to understand a case that lasts for an hour, he would have to employ two interpreters who would charge on an hourly basis each. Ain stressed that courts had to step up and provide interpreters as part of reasonable accommodation, ensuring that deaf lawyers and litigants can access justice without breaking the bank. she said-
“Persons with disabilities have a right to reasonable accommodation under the law, and providing a sign language interpreter is such an accommodation. We create a communication barrier for them by not providing them with an interpreter. Imagine how we will ensure access to justice for deaf litigants if a deaf lawyer does not have an interpreter?“
Acknowledging the logistical challenges of having a full-time translator in the courtroom, advocate Sanchita emphasized that in the age of digitization, where hybrid proceedings have become commonplace, it is entirely possible for the administration to have a translator. should be offered in practice, especially to those who need the service. Ain noted, “Individuals cannot be expected to have resources, institutions have them.“
In his conversation with Living law, Ain also highlighted that there is a gap in the linguistic arsenal due to the absence of a comprehensive sign language dictionary for legal terms. To illustrate the issue, Ain gave the example of trying to translate a term like ‘habeas corpus’ into sign language in real time during court proceedings. He said that in such a case the translator would take out every syllable of the word. According to the Constitution, the lack of a standard sign language dictionary for legal terms created a substantial barrier to effective communication. Ain expressed his intention to eventually develop such a dictionary to assist deaf advocates and ISL interpreters.
It also highlighted the difficulties in leveling the playing field between those who needed adequate housing and those who did not. He said that the vast challenges faced by deaf people at different stages of their education and career are not limited to any one field. They span different walks of life – whether they write competitive exams like CLAT, are forced to take admission in open universities due to greater flexibility and ultimately at a disadvantage compared to students from traditional institutions, get internships because Many workplaces may not be adequately equipped for support. Their communication needs, and so on.
Ain says that she will do the same in the Meghalaya High Court and the trial court as well as these courts have a hybrid mode and Sarau, the same ISL spokesperson, will join in practice for Sarau. She further says-
“I always say there is no such thing as less inclusive or more inclusive. Either it is comprehensive or it is not, and right now our system is not comprehensive. Maybe that’s why we were celebrating that someone was ‘allowed’ to have a translator, because we don’t even know that it’s as basic as having a pen: a pen that’s too expensive to afford.“
As her conversation with Live Law ends, she says-
“There is no doubt that this is a great gesture. But we need court-appointed interpreters and we will continue to ask for them.“
Also read – LiveLaw interview with Sarah Sunny published in March 2022