Blind Indian lawyer wins rare recognition

Recently, the Delhi High Court judges voted to designate 57-year-old visually impaired lawyer, Santosh Kumar Rungta, a ‘senior' — a first for the country.

Terming it the proudest moment of his life, Rungta said, "A major barrier is broken. It symbolises the changing attitude of the judges and bar towards the ability of a blind person, who it finally recognised can discharge his judicial responsibilities."

The ‘senior' tag is considered an honour and recognition of a lawyer's understanding of law. And this has come to Rungta after 30 years of service. Even though he is now also authorised to charge a higher fee, this is not what his aim has ever been, considering he has taken up cases for free.

He said, "When you are in such a profession, it is your duty to remain humane and understand the circumstances of others who cannot afford to hire a good lawyer."

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His daughter, Pratiti, also a lawyer, who has done her masters in banking, corporate and finance law from Cordon University in the United States, assists him.

Excerpts from an interview with Rungta:

GULF NEWS: Does it make you happy or sad for being designated a ‘senior', as it is in context with your visual disability?

SANTOSH KUMAR RUNGTA: I feel happy because this is a milestone in any lawyer's career when the High Court in which he practises recognises his performance equivalent to a senior lawyer. Also, when I think that I am one among a few blind lawyers practising in India, it's a vindication of our ideology that blindness is no impediment if you persevere, work hard and remain sincere to your profession. It's a recognition of the potential of the blind in contributing equally as sighted citizens.

Have you faced any kind of disparity in your profession because you are unable to see?

When I entered the profession, the greatest challenge I had was the creation of trust both among the clients as well as the judiciary about my capability to perform as an advocate. Fortunately, I could meet the challenge as a result of the opportunities I got in the form of my first case in my professional career, which was assigned to me by then Development Commissioner of Delhi S.C. Bajpai.

What was this case about?

It was in 1982 and the case was of seven landless Harijans (lower caste people) who were allotted land under the government's 20-Point Programme in 1976-77. But these people were not given the land, which was in the possession of the zamindars (landlords), who had occupied it illegally. Fortunately, I succeeded and got a favourable decision and the Harijans got possession of the land. The case was widely publicised, and it kind of created a rural client base for me. It also created confidence about my capabilities as a lawyer.

Can you relate any particular instance that hurts wherein you were made to feel that you lacked vision?

Yes, there was a case in 1984 when the issue of blindness and recognition of the blind as a legal person was questioned by a trial judge. In this case, I was a blind advocate, the person on whose behalf the petition was filed was blind and even the witnesses were blind. So, the judge, M.S. Asha Menon, not only questioned the confidence of the witnesses, she also questioned my identification of those persons and even the petitioner. She raised objections based on the competence of blind people.

We argued on that point. And she did not have the courage to pass any adverse order. But at the same time she did not proceed with the case either and kept it pending. It was only after her transfer to another court that her successor proceeded with the case, recognising the blind client, witnesses and the lawyer.

Meanwhile, it took us a year and we lost a lot of time, but it did give recognition and rights to the blind.

Did you get support from your colleagues at that time?

Yes I did. My colleagues in the bar were very supportive and even offered to take up the issue with the Chief Justice of India.

Does it need extra convincing that you are capable enough of defending your clients?

It used to happen initially when I began my practice. People have various choices to make so far as engaging a lawyer is concerned. So, any person who wants to hire me would definitely have in his mind what additional advantage he would draw out of me which he could otherwise not get from a sighted advocate. I am saying all this because of the feeling I get, though none of my clients have ever discussed it or asked for any extra benefit.

In fact, I had decided to do a couple of things at the outset of my career which could probably be an incentive for others to choose a blind advocate. One, to charge less fee. Second, to be accessible to the clients for 24 hours on any legal or personal advice without charging for it. And third, which I still continue to do, to strike a balance in charging my clients, depending on their financial status and the stakes involved.

Are there any figures that can tell us how many visually impaired people sit for the Law examinations and succeed?

Very few. And that's because the challenges are enormous and insecurities aplenty. It is not just for the blind, but also any advocate for that matter. The number of lawyers is increasing alarmingly due to the mushrooming law colleges. But this profession requires a lot of patience. A lawyer has to keep in mind at least five years of lean period initially. This much time is needed for creating a space for oneself in the minds of the clients, but the present generation finds it difficult to wait. Though it is a healthy profession, few blind people are attracted to it and we may be having just about a 100-odd blind lawyers. No doubt, you require additional labour, but if you are good, you can make a good career.

Why is it that there has not been a single appointment of a visually impaired person to the post of a judge?

That has to do with perceptions. About 10 years back there were judges who wanted my name to be considered for the post of a judge in the High Court. But then there were other judges who opposed it on the ground of blindness.

Profile

A model for others

•Santosh Kumar Rungta was born on May 17, 1954 in Kanpur, Uttar Pradesh to Mahavir Prasad Rungta and Anchi Devi
•He had his early education in Model School for the Blind Children at Rajpur Road in Dehradun
•Completed Intermediate from Bishambar Nath Sanatan Dharam College, Kanpur
•Graduated from Christ Church College, Kanpur
•Studied Law at Dayanand College of Law, affiliated to Kanpur University
• Law Faculty from Delhi University
• Began practising as lawyer in New Delhi in 1982
•Is also general secretary of the National Federation of the Blind