India first blind woman judge

India first blind woman judge

Why in News? 

Thanya Nathan C has created history by becoming India’s first fully visually impaired woman judge after topping the Kerala Judicial Service Civil Judge (Junior Division) Examination 2025 under the PwD category.

Who is Thanya Nathan C?

• Intro: Thanya Nathan C is a 24-year-old fully visually impaired lawyer from Kannur district of Kerala, who has created history by qualifying the Kerala Judicial Service Examination 2025 for the post of Civil Judge (Junior Division). She is set to become the first totally blind woman judge in Kerala. 

• Education: She studied at a special school in Dharmadom, Parassinikadavu High School and Morazha Government Higher Secondary School. She is a 2024 law graduate from Kannur University and pursued legal studies despite being 100% blind since birth. She demonstrated exceptional merit by securing the first rank in her LLB examinations at Kannur University. 

• Legal Career: Thanya practiced as a junior advocate for approximately 1.5 years at the Taliparamba court complex in Kannur under the mentorship of advocate Sunilkumar K. She handled both civil and criminal cases. 

• Preparation: Due to her total visual impairment, Thanya relied on Braille-based self-prepared study notes during exam preparation. To access study materials, including new criminal laws like the Bharatiya Nyaya Sanhita, Thanya used assistive technologies such as text-to-speech and screen-reading software. 
• Turning Point: Her success comes in the backdrop of a landmark 2025 Supreme Court judgment, which clarified that visual impairment cannot be a ground for disqualification from judicial services. 

Constitutional Provisions for Persons with Disabilities (PwDs) in India

• • Article 14: Article 14 guarantees Equality before the Law and equal protection of the laws to all persons. In the context of disability, the judiciary has interpreted this to mean “substantive equality”—requiring the State to treat differently-abled persons with reasonable accommodation so they can compete on an equal footing with others. 
  • Article 15: Article 15(1) prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. While “disability” is not explicitly mentioned, Article 15(2) ensures that no citizen is subjected to any “disability, liability, or restriction” regarding access to public places like shops, restaurants, and roads. 
  • Article 16: Article 16 ensures equality of opportunity in government jobs. It empowers the State to make affirmative action provisions, which is the legal basis for the 4% reservation for PwDs in government establishments as mandated by the RPwD Act, 2016. 
  • Article 21: Article 21 protects the Right to Life and Personal Liberty. The Supreme Court has expanded this to include the right to live with human dignity, which for the disabled includes the right to an accessible environment and protection from cruelty or inhuman treatment. 
  • Article 41: Under the Directive Principles of State Policy, Article 41 specifically directs the State to make effective provisions for securing the Right to Work, to Education, and to Public Assistance in cases of unemployment, old age, sickness, and disability. 
  • Seventh Schedule: The Seventh Schedule distributes the power to make laws between the Union and States. Entry 9 of the State List (List II) explicitly mentions the “Relief of the disabled and unemployable” as a subject for state legislatures. 
  • Local Governance: The 73rd and 74th Constitutional Amendments introduced the 11th and 12th Schedules. Entry 26 of the 11th Schedule (Panchayats) and Entry 9 of the 12th Schedule (Municipalities) list the “Welfare of the handicapped and mentally retarded” as a responsibility of local government bodies. 

• RPwD Act, 2016: The constitutional framework supports the Rights of Persons with Disabilities (RPwD) Act, 2016, enacted to fulfill India’s obligations under the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The Act recognizes 21 categories of disabilities and defines Benchmark Disability as 40% or more impairment for accessing reservation and welfare benefits.

Landmark Judgements for Disability Rights and Justice in India

• Vikash Kumar Case: In Vikash Kumar v. UPSC (2021), the Supreme Court ruled that reasonable accommodation—such as providing a scribe—is a fundamental right under Articles 14 and 21, not a charity. Critically, the court held that this right extends to all persons with disabilities, not just those meeting the 40% benchmark threshold. 
• Rajive Raturi Case : In Rajive Raturi v. Union of India (2024), the Court struck down Rule 15(1) of the RPwD Rules as ultra vires because it used discretionary language (e.g., “may”, “recommend”) for accessibility standards. The Court declared accessibility a non-negotiable right and ordered the government to frame mandatory standards for public infrastructure within three months. 
• Jeeja Ghosh Case: The case of Jeeja Ghosh v. Union of India (2016) established that human dignity is an inseparable part of the Right to Life. After a passenger with cerebral palsy was de-boarded from a flight, the Court awarded exemplary compensation and mandated that transport providers treat persons with disabilities with sensitivity and respect. 
• Siddaraju Case: In Siddaraju v. State of Karnataka (2020), the Supreme Court confirmed that persons with disabilities are entitled to reservation in promotions. It held that the bar on promotional reservations for other categories does not apply to disabled individuals, as their reservation is horizontal and intended to provide a level playing field. 

Government Policies & Initiatives for PwDs in India

• Accessible India Campaign (2015): Launched on 3 December 2015, this initiative aims at creating barrier-free infrastructure in public buildings, transport systems and government websites to ensure universal accessibility for Persons with Disabilities (PwDs) including visually impaired citizens.
• Assistance to Disabled Persons for Purchase/Fitting of Aids & Appliances (ADIP) Scheme: Operational since 1981, the ADIP Scheme provides scientifically manufactured assistive devices like Braille kits and smart canes. It enhances independent functioning and economic potential by reducing disability impact through rehabilitation support.
• Deendayal Disabled Rehabilitation Scheme (DDRS): Under DDRS, the Government provides grant-in-aid up to 90% to NGOs for projects like vocational training, special schools and community rehabilitation, enabling optimal physical and socio-functional development of visually impaired individuals.
• National Handicapped Finance and Development Corporation (NHFDC): NHFDC offers concessional loans to PwDs for self-employment and entrepreneurship activities, promoting financial independence and livelihood opportunities among blind achievers across various sectors.
• Scheme for Implementation of RPwD Act (SIPDA): The SIPDA Scheme supports States and institutions in developing accessible infrastructure, skill development programmes and barrier-free digital environments for PwDs including visually impaired students and professionals.
• Unique Disability ID (UDID) Project: The UDID Project provides a national digital identity card for PwDs to access benefits like scholarships, reservations and assistive devices, ensuring transparent and efficient welfare delivery nationwide.
• Incentive Scheme for Private Sector Employment of PwDs: Under this scheme, the Government reimburses Employees’ State Insurance (ESI) contributions for 3 years for PwDs earning up to ₹25,000 per month, encouraging private firms to hire visually impaired employees.