Persons with Disability

Quantified disability
Case BriefsSupreme Court

“It should be borne in mind that the RPwD Act which was enacted to give effect to the United Nations Convention on Rights of Persons with Disabilities – was with the objective of granting persons with disabilities full and effective participation and inclusion in society, grant them equal opportunity and to show respect for their inherent dignity, individual autonomy including the freedom to make their own choices.”

Overall horizontal reservation
Case BriefsSupreme Court

Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.

Delhi High Court
Case BriefsHigh Courts

Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.

delhi high court
Case BriefsHigh Courts

“An act of discrimination is not only a denial of promise of equal protection before the law. Rather, every act of exclusion is an assault on the dignity of a person. Instead of providing an equal space to grow, we have been compelling the persons with disabilities to prove, time and again, that they are capable of a lot more than we think.”

delhi high court
Case BriefsHigh Courts

“Rejection of the disability contained the reason that the petitioner is suffering with Locomotor Disability which is a physical disability and the same is assessed as zero per cent, so no certificate is provided to the petitioner with respect to the disability suffered by him.”