Court Design Handbook

Court Design Handbook for District Courts in India

The Design Handbook seeks to envision and implement a user-centric District Court Complex responsive to the needs of all diverse users, i.e., litigants, judges, lawyers, Court staff, witnesses, accused persons, police, public visitors and other stakeholders in the justice system. A principles-based framework is used to highlight associated guidelines and design considerations, for creating truly inclusive, accessible, efficient, comfortable, adaptable, and sustainable Courts where the experience of seeking and providing justice is significantly improved.

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Projects Authors And Acknowledgements

Shreya Tripathy is a Senior Resident Fellow at Vidhi Centre for Legal Policy working as part of the Justice, Access, and Lowering Delays in India (JALDI) Initiative. Priyamvadha Shivaji is a Research Fellow at Vidhi Centre for Legal Policy working as part of the Justice, Access, and Lowering Delays in India (JALDI) Initiative. Brinda Sastry is an architect, urban designer, and planner with experience in formulating policies, audit frameworks, and design guidelines, with a participatory approach, to ensure inclusive and equitable design of public places. Shreya Shetty is an architect and urban design consultant, Co-Founder of 369 Ochre Studio who assisted in drafting the Harmonised Guidelines & Standards for Universal Accessibility in India 2021, drafted by the National Institute of Urban Affairs (NIUA) & Indian Institute of Technology, Roorkee released by Central Public Works Department, Government of India under Ministry of Housing and Urban Affairs. Bhagyalaxmi Madapur , Co-Founder of 369 Ochre Studio in Bengaluru, India, is an architect and urbanist who worked as a contract consultant with the Asian Development Bank (ADB) on the project "Sponge City: Towards Building Flood Resilient Kolkata," which involved creating educational materials-infographic handbooks, videos, and brochures aimed at strengthening the capacity of Kolkata Municipal Corporation for resilient urban services. Abubakar Shaikh is an architect and Art Lead at Autovrse. Gayatri Ganesh is an architect and Experience Designer at Autovrse. Milind D.P. is the Executive Vice President, Consultancy & Projects, BNA Technology Consulting Ltd. His division is focused on IT Infrastructure Design, Project Management and Monitoring of ICT Projects. Arun Kumar is an acoustic consultant at HMPL Consulting Pvt Ltd, Bangalore, with over 8 years of expertise in Architectural, Environmental, and Industrial Acoustics, dedicated to shaping sound environments for optimal experiences. Akshatha Hariharan is an architect exploring the realms of Visual & User experience design. Rama Raghavan is an Architectural writer and researcher based in Pune. As a pedagogue, she has curated courses in Accessibility and Universal Design. She has worked on several publications that intricately connect the built environment with socio-spatial dimensions. This report has been in the making for over two years and owes a great deal to the inputs provided by a multitude of people. The authors would like to thank the following: Deepika Kinhal (Team Lead, JALDI) for her guidance throughout the project and for reviewing the report. The authors are also grateful to Reshma Sekhar (Former Senior Resident Fellow, JALDI) for her contribution to the conceptualisation of the Handbook. Dr. Gaurav Raheja (Professor of Architecture, IIT Roorkee) and Dr. Rahela Korakhiwala (Author, From the Colonial to the Contemporary: Images, Iconography, Memories, and Performances of Law in India's High Courts) for their guidance in the conceptualisation stage. Justice Badar Durrez Ahmad (Former Chief Justice, Jammu & Kashmir High Court), Justice Ponugoti Naveen Rao (Former Acting Chief Justice, Telangana High Court) and Mr. Suresh Kogilgere (Former Registrar, Karnataka High Court) for their inputs for the project. Dr. Tanya Machado (Professor of Clinical Psychology (Rtd). Consultant Clinical Psychologist) and Dr. Ria Fernandez (Rehabilitation Specialist, Mazumdar Shaw Hospital) for their inputs on child-friendly design and providing trauma-informed design considerations for vulnerable witnesses. Akhilesh (Project Second Chance) for his inputs on safe, secure, and humane design considerations for accused persons. Nilesh Singit (independent accessibility expert) and Dr. Sanjay Jain (Professor at National Law School of India University, Bengaluru), members of the Supreme Court Committee on Accessibility, for their inputs on ensuring universal accessibility. Alok Prasanna Kumar (Co-founder and Team Lead, Vidhi Karnataka), and Vidhi Fellows Manmayi Sharma (Senior Resident Fellow, Disability Inclusion & Access), Yashaswini Basu (Outreach Lead, Nyaaya), Yogini Oke (Impact and Partnerships Fellow), Shireen Yachu (Communications Fellow, Impact Collective) and Somya Jain (Research Fellow, Disability Inclusion & Access) for their inputs on the project. Damini Ghosh (Team Lead, Disability, Inclusion & Access at Vidhi) and Prof. Sanjay Kanvinde (Senior Partner, Kanvinde Rai & Chowdhury) for peer-reviewing the Handbook and providing their invaluable feedback. Over the months of February and March 2024, four round-table consultations were held with experts from various fields, on the following themes covered in the Handbook: Institutional capacity building; Making District Courts safe, secure and comfortable; Incorporating Universal Design Principles; and Facilitating efficient and future-ready Court Complexes. The authors would like to thank the following participants for their inputs during the sessions: Justice (retd.) Ponugoti Naveen Rao (former acting Chief Justice at Telangana High Court), Prof. Jyoti Dogra (Professor at Indian Law Institute), Dr. Sheila Ramaswamy (Technical & Operational Lead at NIMHANS), Ms. Arushi Anthwal (Legal Counsel at Counsel to Secure Justice), Ms. Kushi Kushalappa (Director, Support & Rehabilitation at Enfold India), Ms. Shirisha Reddy (Program Manager at Nyaaya Kannada), Mr. Amar Jain (co-founder at Mission Accessibility), Ms. Anita Iyer Narayan (Managing Trustee, sponsor and volunteer at Ekansh Trust), Prof. Gaurav Raheja (Professor Incharge, Inclusion & Accessibility Services at IIT Roorkee), Ms. Nivedita Krishna (founder-director at PACTA), Ms. Pooja Sastry (PhD candidate in architectural history at University College, Dublin), Ms. Shruti Dixit (practising lawyer in Lucknow), Mr. Akshay Jain (Assistant Program Manager at National Centre for Promotion of Employment for Disabled People), Mr. Rahul Bajaj (co-founder at Mission Accessibility) and Mr. R. Sri Kumar (former Head of Police Force in Karnataka and former Chief Vigilance Commissioner). The Vidhi Centre for Legal Policy is an independent think-tank doing legal research to make better laws and improve governance for the public good. The JALDI Initiative is a multi-year initiative that aims to advocate for and implement evidence-based reforms to eliminate the existing backlog in Courts and ensure that cases are disposed within reasonable timelines. This report is under the aegis of JALDI Innovation Lab, a multi-disciplinary collaborative of experts to design solutions for the justice delivery systems in India. Errors, if any, rest with the authors. Contact us at jaldi@vidhilegalpolicy.in

Sub Project Title

Design Guide for User-Centric Court Complexes

design

law

Jaldi Lab Aspect Title

Design

Design

Design-thinking and architecture to transform how accessing justice looks and feels

Jaldi Lab Aspect Title

Law

Law

Rules and policies to guide implementation of reforms in a fair, just and transparent manner.

Introducing the Court Design Handbook

Introducing the Court Design Handbook

Court Design Handbook: Reimagining Courts that meet the needs of all users

Court Design Handbook: Reimagining Courts that meet the needs of all users

Designing Justice: Introducing JALDI's New Video Series

Designing Justice: Introducing JALDI's New Video Series

Designing Justice: Interview with Anchal Bhateja

Designing Justice: Interview with Anchal Bhateja

Introduction to the series

Introduction to the series

How can we improve e-Filing in courts?

How can we improve e-Filing in courts?

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NCMS (2012).

Advocates Act 1961.

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Objectives

Ensure comfort for the users

by providing segregated Bar Rooms for male and female Advocates,

ergonomic accessible furniture, and adequate sanitary provisions;

Plan for optimal use of space

within the Bar Rooms for all members;

Ensure access for all

by providing lifts and escalators at strategic locations, as well as appropriate signages and information systems;

Provide adequate facilities

to ensure that Advocates may work comfortably as well as rest (when necessary); and

Consider the needs of the diverse litigants and general public

that may visit the space to interact with the Advocates.

Users

Advocates

Clerks

Support Staff

Litigants and General Public (for consulting)

Notaries, Typists and Oath Commissioners

Adjacencies

The Bar Association must be its own self-sustained block.

It may not be part of the general flow of functions in the Court Complex. However, it must be in proximity to the Court Complex to ensure that the Advocates and their staff have easy access to it.

The Bar Association may have its own canteen or must be in close proximity to a canteen.

Access to facilities such as a library, printing facilities, and other supplies including all reprographic services must be provided.

Table 9:

Design considerations arising from the Advocates Act

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Section No.

Section Title

Section Relevant Details

Design Considerations

S.5

Bar Council to be body corporate

Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both moveable and immovable, and to contract, and may by the name by which it is known sue and be sued.

The Bar Council must have its own office premises.

S.6

Functions of State Bar Councils

(2)

A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of—

(c)

establishing law libraries.

There must be a supporting library equipped with a reading room, provisions to access online journals, etc., as part of the Bar Association rooms.

S.11

Staff of Bar Council

(1)

Every Bar Council shall appoint a Secretary and may appoint an accountant and such number of other persons on its staff as it may deem necessary.

The Bar Association must have adequate rooms for the Secretary, accountant and other office holders of the respective Associations.

S.25

Authority to whom applications for enrolment may be made

An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practise.

The Bar Association must also have a dedicated room with a counter space for new advocates to apply for enrollment.

The Enrollment counter must be accessible for diverse users and must have sufficient informational pamphlets/ kiosks to provide information regarding the process of enrollment.

The relevant provisions of the Advocates Act (1961) which pertain to infrastructural requirements are:

The Bar Association rooms must be designed keeping in mind the number of members of the Bar Association, with scope to increase the space in the future.

There must be adequate space for all Advocates to have their own work space, along with space for their juniors, interns, and office clerks.

Comfortable and ergonomic furniture must be provided in all spaces within the Bar Association.

The rooms must have adequate sockets and charging points for the use of laptops, computers, scanners and other electronics, as necessary.

Adequate storage space must also be provided for the storage of case files, books, and personal belongings.

The space must be provided with adequate accessible sanitary provisions for all members of the Association.

Separate accessible sanitary provisions must be provided in the public areas for all litigants and the general public visiting the space. For further details for the design of Sanitary Provisions, please refer to

Section 3.1.

Bar Council Counter

A dedicated space must be provided for new enrollments to the Bar Council.

The counter should be accessible to diverse user groups.

Adequate space must be provided for persons waiting their turn for the enrollment, including adequate ergonomic seating. Facilities must also be provided for the users to be able to fill their forms, print out documents, etc.

The design of the space must be optimised to facilitate smooth movement of users to avoid overcrowding.

Meeting Rooms

Dedicated meeting space must be provided where the Advocates may be able to undertake consultation with their clients.

The meeting rooms must be secluded from the main area of the Bar Association, to ensure privacy for the litigants visiting for meetings.

The room must be designed to ensure private conversations with effective acoustic barriers with soundproof partitions and acoustically treated doors. Acoustically absorptive ceiling and wall materials must be provided to ensure comfort. For further details on acoustics, please refer to

Annexure 5.

Lounge/Canteen Area

The Bar Association must have a lounge area for the Advocates to relax/have discussions with their peers.

The Bar Association may have its dedicated canteen/pantry area with seating for Advocates or must be in close proximity to the same.

All spaces within the lounge/canteen must be accessible to diverse users with accessible ergonomic furniture and sanitary provisions.

Additional Spaces

Separate office rooms should be provided for the office holders and staff members of the Association. For further details of administrative office spaces, please refer to

Section 2.5.B

and

Section 2.5.C.

Space must also be provided for undertaking meetings for members of the Association, as well as smaller meeting rooms for the Bar Association office holders.

Additional space may be provided for holding conferences and other events of the Association such as sensitisation training programs, skill-building workshops for the Advocates, etc., For further details on the design of conference rooms and training rooms, please refer to

Section 2.9.B.

Adequate rooms/halls must be provided for notaries, typists, and Oath Commissioners to undertake their functions.

Adequate space must also be provided to undertake legal aid activities for the general public.

Stationary facilities and reprographic services must be provided, with all basic supplies that may be necessary on a day-to-day basis.

Design the Chambers to

streamline processes

for the effective execution of legal proceedings;

Ensure

swift response, efficient coordination, and confidentiality

, when necessary, by locating the PP/GP Chambers to be in close proximity to Courtrooms;

Ensure that the

office spaces are accessible to diverse user groups

of lawyers, litigants and staff who may use the space;

Provide a spacious, private waiting area prioritising the

comfort and privacy of all litigants

visiting the PP/GP Chambers; and

Ensure provision of

adequate, accessible sanitary provisions

for diverse user groups.

Public Prosecutor / Government Pleader

Assistant Public Prosecutor / Assistant Government Pleader (if applicable)

Empanelled Advocates

Office staff

Litigants

The Chambers for the PP / GP must be strategically located near or in close proximity to the Courtrooms, or have segregated access to the Courtrooms in order to ensure direct access whenever necessary.

Office spaces for empanelled lawyers and staff must be in close proximity to the Chambers for the PP / GP, to ensure seamless coordination and efficient functioning.

The Chambers for the PP / GP must be designed to be a self-contained space for the officers, their staff, and other empanelled lawyers.

A designated waiting area must be provided at the entrance of the Chambers, or in close proximity, to ensure that visiting litigants have a designated seating space.

Adequate designated space must be provided within the Chambers or in close proximity for office staff and other empanelled lawyers.

The offices must have dedicated accessible sanitary provisions, or be in close proximity to the same.

All spaces in the Chambers must be equipped with modular seating, and provision should be made for natural light and ventilation, including well-designed acoustics.

The Chambers must have adequate compact storage for all the case files being dealt with.

Offices of the PP / GP

Separate cubicles must be provided for the PP and the GP, wherever possible.

The rooms must be designed to have adequate work space, as well as storage for the files and personal belongings of the PP/GP.

The rooms must have adequate ergonomic seating for litigants visiting the space.

The room must be designed to ensure private conversations with effective acoustic barriers, including soundproof partitions, acoustic doors, acoustically absorptive ceiling, and wall materials.

Waiting Area

Adequate space must be provided for a separate, dedicated waiting area for litigants visiting the PP / GP.

The waiting area must be accessible to diverse user groups with adequate ramps and elevators, accessible signage, and tactile paths.

Provision must be made for accessible case display screens and information kiosks with audible announcements. For further details on the design of the waiting area, refer to

Section 2.2.

Space for Office Clerks/Secretaries

Adequate space must be provided for the offices of the secretarial staff attached with each PP / GP.

Adequate ergonomic seating and technology must be provided, for the various functions to be undertaken by the staff.

Adequate storage facilities must be provided to store official documents as well as personal belonging of the staff.

Space for Empanelled Advocates

Separate workspace must be provided for empanelled Advocates. For further details on design of a multi-person office space, refer to

These rooms must be equipped with a case display system (with audible announcements) and kiosks, to ensure that the Advocates are able to access information regarding ongoing cases conveniently.

Adequate functional work spaces, with ergonomic furniture for Advocates and other staff to undertake their work, must be provided.

Library

The Chambers of the PP / GP must be equipped with requisite library facilities.

The library must be well-equipped with IT infrastructure, to ensure smooth functioning and access to sufficient resources for research and legal reference.

The library must have sufficient provision of ergonomic chairs, desks, storage cupboards, planned electrical points, fans, etc., For further details on the design of the library, refer to

Section 2.9.C.

justified

PART C - THE HANDBOOK

ORGANISATION AND DESIGN OF SPACES OF THE COURT COMPLEX

2.6.

Facilities for Advocates

A. Advocates’ Bar Association

The Advocates’ Act (1961) calls for Bar Associations to be promoted by the State Bar Councils, for effective implementation of the Act. Bar Associations are present in every District Court Complex, and provide a fraternity for lawyers and their clerks/other staff to have discussions, render legal assistance, and make use of professional and recreational facilities provided by the Bar.

A specific design for the Advocates’ Bar Association has not been provided in this Handbook, as the design is beyond the scope of the spaces designed for and built by the High Court, and may vary depending on the needs of the Bar Association in a specific jurisdiction. However, this section outlines some design considerations which must be kept in mind to ensure that the Association facilities cater to the needs of all users, and ensure a comfortable working environment to aid lawyers in effectively discharging their duties.

References

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