Disability Rights: All India Annual Digest 2025

Supreme CourtAdditional Directions for PwD Inmates – Held in addition to the L. Muruganantham guidelines, the Court issued further directions - i. Grievance Redressal: States and UTs must establish an independent and accessible mechanism for complaints regarding neglect or abuse; ii. Inclusive Education: Facilities must be created to ensure PwD inmates have meaningful access to education without discrimination; iii. Penalties for Contravention: Section 89 of the RPwD Act (imposing fines for contravention) shall apply to prison establishments nationwide; iv. Assistive Devices: States must report on structured mechanisms for providing and maintaining mobility aids and support equipment while balancing security concerns; v. Enhanced Visitation: Inmates with benchmark disabilities are entitled to enhanced visitation rights to ensure family support and emotional well-being - Held that all States and Union Territories directed to file a comprehensive compliance report within four months. [Paras 10, 11] Sathyan Naravoor v. Union of India, 2025 LiveLaw (SC) 1176Articles 14, 19, 21 – Held, Indian legal framework on disability rights has evolved from a charity based model to a rights-based framework - this shift is guided by statutory enactments and constitutional mandates - This Act was enacted in line with India's obligations under the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) - It guarantees substantive rights, including community living and protection from abuse - Judiciary has played a crucial role in interpreting Articles 14, 19 and 21 of the Constitution to reframe disability as a structural disadvantage requiring active redressal and inclusion - That failure to ensure accessibility constitutes systematic exclusion and infringes on the equal protection clause of Article 14 - Reasonable accommodation is essential for substantive equality under Article 14, but also cautioned against framing the value of a person with a disability in terms of productivity - Supreme Court expressed concerns over the denial of general category seats to persons with disabilities who score higher than the cut-off marks for the unreserved category - Directed Union Government to explain if appropriate steps have been taken to ensure that PwDs, who score higher than the general cut off, are given 'upward movement' by accommodating them in the general category - Direct consequence of not providing upward movement to the meritorious candidates applying under the category of PwD would be that even when a candidate with disability scores higher than the cutoff for unreserved category, such a candidate would invariably occupy the reserved seat thereby denying the opportunity to a lower scoring candidate with disability to make claim on the said post - this defeats the very purpose of reservation under Section 34 - Directed monitoring of the implementation of RPwD Act, 2016 to be undertaken under the name and style of a project called 'Project Ability Empowerment' and assigned the task to 8 NLUs across the country and project report shall be filed within 6 months. Reena Banerjee v. Government of NCT of Delhi, 2025 LiveLaw (SC) 898 : 2025 INSC 1101Constitutional Mandate and Concluding Observations - Constitutional Mandate - Held that the directions are issued to ensure that the constitutional mandate of equality, non-discrimination, and the right to live with dignity enshrined under Articles 14 and 21 of the Constitution of India, read with the provisions of the Rights of Persons with Disabilities Act, 2016, is meaningfully implemented - emphasized that the rights guaranteed to persons with disabilities are not acts of benevolence, but expressions of the constitutional promise of equality - It is imperative that the directions are carried out with utmost earnestness, sensitivity, and expedition. [Paras 12, 13] Mission Accessibility v. Union of India, 2025 LiveLaw (SC) 1163 : 2025 INSC 1376Constitution of India – Article 32 – Public Interest Litigation – Rights of Prisoners – Persons with Disabilities (PwD)– Rights of Persons with Disabilities Act, 2016 – Extension of Guideline - Petition seeking legal framework and facilities for PwD inmates (undertrials or convicts) in prisons across India - Petitioner alleged deficient prison manuals regarding accessible infrastructure (ramps), mobility, and healthcare, violating the Rights of Persons with Disabilities Act, 2016 - Supreme Court observed that most issues were addressed in the precedent of L. Muruganantham v. State of Tamil Nadu and Others - Supreme Court directed that the 15 specific directions issued in L. Muruganantham (including prompt identification of PwD at admission, accessible infrastructure, universal accessibility audits, and healthcare equivalent to the community) shall now be extended to all States and Union Territories mutatis mutandis. [Relied on L. Muruganantham v. State of Tamil Nadu and Others, 2025 SCC OnLine SC 1444; Paras 6-8] Sathyan...

Disability Rights: All India Annual Digest 2025

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Disability Rights: All India Annual Digest 2025

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