Rights of Persons with Disabilities Act
Madras High Court directs TN Housing Board to exempt engineer with speech and hearing disability from giving language test
“The case in hand depicts the sorry state of affairs that prevails in society while dealing with differently abled persons. The fact that the petitioner who has 100% hearing and speech impairment from young age was able to complete the School Education and the Engineering course, shows the amount of grit and determination on his part to remain in the mainstream of the society.”
Quantified disability per se will not disentitle a candidate with benchmark disability from admission to educational institutions: Supreme 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.”
‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person
‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’
Non-fixation of cut-off marks for persons with disability under Overall Horizontal Reservation does not violate Fundamental Rights: SC
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.
[Rights of Disabled Persons] | Bombay HC directs State Govt. to constitute Advisory Board in 30 days
The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.
Deprecatory portrayal of disability in film ‘Aankh Micholi’: Supreme Court seeks Centre’s response on Certification of films involving Differently Abled Persons
The petitioner has contended that there is a distinction between making a comedy of a situation (which is permissible) and making a comedy of a condition of disability.
‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons
A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.
Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC
Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.
Delhi High Court directs GGSIPU, State Government to ensure 5% reservation to specially abled persons in all educational institutions
“Guru Gobind Singh Indraprastha University and the State Government are directed to ensure that in all educational institutions, the statutory provisions governing the field under the Rights of Persons with Disabilities Act, 2016 are followed and 5% reservation is provided to specially abled persons.”
Raj HC | State Govt. to consider whether persons with locomotive disabilities and hearing impairment can avail reservation for the purpose of employment under Rights of Persons with Disabilities Act, 2016
Rajasthan High Court: The Division Bench of Satish Kumar Sharma and Indrajit Mahanty, JJ., dismissed the petition remitting the matter to State
States and UTs to file compliance report of the Rights of Persons with Disabilities Act, 2016 within 12 weeks
Supreme Court: Considering the need of complying with the judgment rendered in Justice Sunanda Bhandare Foundation vs. Union of India, (2014) 14