CLAT candidates with visual disability must be provided assistive tech: Supreme Court to NLU Consortium

The Supreme Court recently directed that visually impaired candidates appearing in future editions of the Common Law Admission Test (CLAT) must be provided assistive facilities including screen readers, customised devices and the option of a scribe [Yash Dodani & Ors. vs. Union of India & Ors.]. .A Bench of Justices Surya Kant and Joymalya Bagchi ordered that that interim directions issued in December 2024 regarding similar facilities for the All India Bar Examination (AIBE) would apply equally to CLAT..The Court noted that the purpose of these directions was to ensure visually impaired candidates could meaningfully participate in professional entrance and qualifying examinations. It said the same safeguards provided earlier in AIBE should now extend to law entrance examinations as well.“Meanwhile, the interim directions issued by this Court on 05.12.2024 and 11.12.2024 shall apply mutatis mutandis in the CLAT Examination in future to be conducted by the respondents,” the order said..Additional Solicitor General Archana Pathak Dave informed the Bench that fresh guidelines had been issued on August 1 in light of the Court’s earlier orders. The Court directed that these guidelines must also be strictly followed by the Bar Council of India and the CLAT Consortium..On December 5, 2024, the Supreme Court had first directed the Bar Council of India to provide a range of facilities for visually impaired candidates writing the AIBE. These included the availability of JAWS and NVDA (Non-Visual Desktop Access) screen readers, permission to use personal keyboards and customised mouse, and an allowance for candidates to complete software installation a day before the examination. The Court had further clarified that candidates should have the option of either typing answers on a computer or using a scribe.The Court at that stage had underlined that these measures must be provided at the cost of the Bar Council of India. .On December 11, 2024, the Court expanded these directions by specifically holding that visually impaired candidates should be allowed to answer questions on a computer if they so wished. At the same time, it clarified that the option of a scribe must always remain open to them.The Court had also emphasised that the scribe must not belong to humanities or law background and their educational qualification should be one level below that of the candidate, in line with Government of India guidelines issued on August 29, 2018..The petition in the matter was filed by a group of visually impaired law students seeking equal access in national-level examinations, including both the AIBE and CLAT.The case will next be taken up for further hearing on November 13..[Read Order]