Supreme Court's Key Decisions On Rights Of Persons With Disability In 2024

The Supreme Court in 2024 made several important decisions relating to the rights of Persons with Disability. Here are the key judgements, orders and observations on Disability Rights:Supreme Court Directs Union To Frame Mandatory Rules Under Rights Of Persons With Disabilities Act For Accessibility Of Public SpacesIn a significant judgment boosting disability rights, the Supreme Court directed the Union Government to frame mandatory rules as required under Section 40 of the Rights of Persons with Disabilities Act, 2016, to ensure that public places and services are accessible to persons with disabilities.The Court held that Rule 15 of the Rights of Persons With Disabilities Rules, 2017 is ultra vires the parent Act since it does not provide mandatory guidelines on accessibility. A bench comprising Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Justice Manoj Misra passed the judgment in a PIL filed by Rajive Raturi, a visually challenged person, in 2005 seeking directions to ensure meaningful access to public spaces for persons with disabilities. In 2017, the Court had passed a slew of directions to the Union and States for making public buildings accessible. In November 2023, while considering the compliance of the direction, the Court had directed the Centre for Disability Studies, NALSAR University of Law, to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilities. Case Details: Rajive Raturi v. Union of India 2024 LiveLaw (SC) 875 'Disabling Humour' Disparaging Persons With Disability Must Be Distinguished From 'Disability Humour' : Supreme CourtThe Supreme Court in a significant ruling on the Rights of Persons with Disabilities (PwDs) laid down guidelines for ensuring their sensitive portrayal by Creators on Visual and Electronic Media. The Court also highlighted the difference between 'disability humour' and 'disabling humour' which often gets overlooked by the media creators.The Bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was deciding on a plea that challenged the insensitive portrayal of PwDs in the film 'Aankh Micholi,' produced by Sony Pictures.The Court observed that creators should be cautious of the difference between disability humour and disabling humour. The first type, disability humour, is positive and aims to offer a better understanding of disabilities. The second type, disabling humour, is negative and belittles people with disabilities. These two should not be seen as the same because they have very different impacts on the dignity of people with disabilities.Case Title : Nipun Malhotra v. Sony Pictures Films India Private Ltd Supreme Court Laments 'Dismal' Implementation Of Rights Of Persons With Disabilities Act, Issues Directions To StatesThe Supreme Court expressed disappointment at the inadequate implementation of the Rights of Persons with Disabilities Act 2016 (RPwD) across states. Observing that the enforcement of RPwD is in a 'dismal' state, the Court directed the Ministry of Social Justice and Empowerment to consider the larger picture and provide an update in the next hearing.The bench of CJI DY Chandrachud and Justice JB Pardiwala was hearing a petition seeking the enforcement of the rights of persons with disabilities by implementing the RPwD Act across states. The bench directed the Chief Secretaries of Andhra Pradesh, Chattisgarh, UP, Punjab, Tripura, UT of Chandigarh to appoint State Commissioners for persons with disabilities under Section 79 of the RPwD Act by June 30. Section 79 of RPwD provides the appointment of State Commissioners by the State governments, while Section 80 outlines the key functions of the State Commissioner which include suo motu identification of issues and suggest solutions and corrective actions concerning the disabled persons.Case Title: Seema Girija And Anr. v. UoI And Ors. Diary No. 29329/2021 Supreme Court Slams Centre For Not Filling PwD Vacancies, Directs Appointment Of Visually Impaired Candidate Who Cleared CSE 2008The Supreme Court criticised the Centre for making a 100 per cent visually impaired candidate who cleared the Civil Services Examination (CSE) “run pillar to post” for his appointment despite a large number of backlog vacancies for persons with disabilities.A bench of Justice Abhay S Oka and Justice Pankaj Mithal said that there is a “gross default” on part of the Union of India in implementing the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995 (PWD Act). Case Details: Union of India Pankaj Kumar Srivastava & Anr. C 2024 LiveLaw (SC) 444 Mere Existence Of Benchmark Disability Won't Disqualify Candidate From MBBS Course : Supreme CourtThe Supreme Court on Tuesday (October 15) held that the mere existence of a benchmark disability is not a reason to bar a person from pursuing medical education unless there is a report by the disability assessment board that that...

Supreme Court's Key Decisions On Rights Of Persons With Disability In 2024

Anmol Kaur Bawa

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