Topic- Inclusive growth
5) The Supreme Court’s decision in Surendra Mohan v. Union of India, has severely undermined India’s disability rights movement. Analyze. (250 words)
Analyze-here we have to examine methodically the structure or nature of the topic by separating it into component parts, and present them as a whole in a summary.
Key demand of the question.
The question wants us to dig deep into the given case and bring out the details of the judgement and how it it is against the disability rights in India.
Structure of the answer
Introduction– write a few introductory lines about the Surendra Mohan v. Union of India case. E.g In this case the Court had to rule on the legality of the Tamil Nadu government’s policy of reserving the post of civil judge only for people whose percentage of blindness does not exceed 40-50%.
- Discuss about the judgement. E.g
- The SC held that the government’s decision was rational and reasonable. It ruled that a judicial officer has to possess a reasonable amount of sight and hearing to discharge her functions.
- It accepted the claim that impaired vision makes it impossible to perform the functions required of judicial officers, such as assessing the demeanour of witnesses and reading and analysing evidence.
- It also accepted that asking a blind judicial officer to perform such administrative functions as recording dying declarations and conducting inquiries can result in avoidable complications.
- Discuss the implications and shortcomings of the judgement. E.g
- First, the view that a totally blind person cannot thrive as a judge is belied by several examples of successful judges who are blind.
- A blind person be reasonably expected to thrive as a judge without being excessively dependent and inefficient
- The Court’s unreasoned assertion is an outcome of their ignorance about the capabilities of the disabled.
- The declaration cuts to the core of the confidence of the visually impaired about the fairness and robustness of our judicial system etc.
Conclusion- based on your discussion, form a fair and a balanced conclusion on the given issue.