How Supreme Court Protected Rights Of Disabled In 2021

As per the Census of 2011 there are 2.68 crore persons with disabilities in India who constitute 2.21 percent of population out of which 1.50 crore are male and 1.18 crore are female.In our country, persons with disabilities constitute a minority group who live in an extremely vulnerable and disadvantaged political, social and economic environment. They are often disfavoured because of certain stereotypes, misconceptions and unfounded fears. The Rights of Persons with Disabilities Act 2016 and its predecessor Persons With Disabilities Act 1995 guarantee equal rights and access to opporutinites to disabled persons.The Supreme Court delivered certain notable judgments on disability rights in 2021. Let's have a loot at them. SC Judgment Which Excluded Persons With Over 50% Visual/Hearing Impairment From Judicial Service No Longer Binding PrecedentOn February 11, 2021 the Supreme Court in Vikash Kumar vs. Union Public Service Commission had observed that its decision in V Surendra Mohan v. State of Tamil Nadu would not be a binding precedent, after the coming into force of the Rights of Persons with Disabilities Act 2016.In Surendra Mohan, a two-judge bench of the Supreme Court had held that stipulating a limit of 50% disability in hearing impairment or visual impairment as a condition to be eligible for the post of a judicial officer is a legitimate restriction. The court had dismissed the appeal filed by a V. Surendra Mohan, who was held ineligible for the post of judicial officer (civil judge) as it was found that he was having 70% disability on account of blindness.Criticising Surendra Mohan decision, the bench of Justices D Y Chandrachud, Indira Banerjee and Sanjiv Khanna had said that the same was rendered without taking note of relevant concepts under the 2016 Act and also the "principle of reasonable accommodation".Benchmark Disability Not A Precondition To Avail Benefit Of Scribe : SC Gives Relief Candidate With 'Writers Cramp' In UPSC ExamIn Vikash Kumar(supra), the Court held that facility of scribe can be provided for persons with disabilities other than those having benchmark disabilities.The bench headed by Justice DY Chandrachud directed the Government to frame proper guidelines which would regulate and facilitate the grant of a facility of a scribe to persons with disability within the meaning of Section 2(s) of the Rights of Persons with Disabilities Act, 2016 after consultation with the public, specifically with persons with disabilities and organizations representing them.The court allowed an appeal filed by Vikash Kumar, a UPSC candidate whose request to provide him with a scribe for the Civil Services Examination Rules 2018 was rejected on the ground that a scribe could be provided only to blind candidates and candidates with locomotor disability or cerebral palsy with an impairment of at least 40%. He had a disability in the form of dysgraphia, commonly known as a Writer's Cramp. The Central Administrative Tribunal and later the Delhi High Court dismissed his challenge against this rejection.Testimony Of Disabled Witness Cannot Be Considered Weak Or Inferior: Supreme Court Issues Guidelines To Make Criminal Justice System More Disabled-friendlyWhile considering an appeal filed by the sole accused tried for the offences punishable u/s 376(1) of the IPC and u/s 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for committing rape on the victim girl who is aged about 20 years and blind by birth, on 31.03.2011 at about 9:30 AM in her house, the Supreme Court in Patan Jamal Vali vs. State of Andhra Pradesh issued guidelines to make the criminal justice system more disabled-friendly.The testimony of a prosecutrix with a disability, or of a disabled witness for that matter, cannot be considered weak or inferior, only because such an individual interacts with the world in a different manner, vis-à-vis their able-bodied counterparts, the bench comprising Justices DY Chandrachud and MR Shah observed.Persons With Disabilities Have Right To Reservation In PromotionsThe Supreme Court bench of Justices Sanjay Kishan Kaul and R Subhash Reddy in State of Kerala v. Leesamma Joseph had observed that persons with physical disabilities have the right to reservation in promotions also.While considering the appeal filed by the State of Kerala against a judgment of the Kerala High Court, the Supreme Court had said that the High Court judgment was "salutary" and did not require any interference. Supreme Court had held that :The 1995 Act recognizes the right to reservation in promotion.Identification of posts for reservation as per Section 32 of the 1995 Act is a prerequisite for appointment; but appointment cannot be frustrated by refusing to identify posts.The absence of provision for reservation in the recruitment rules will not defeat the right of a PwD as such right flows from the legislation.Reservation to promotion can be given to a PwD even if...

How Supreme Court Protected Rights Of Disabled In 2021

Shruti Kakkar

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