1. Public interest petition regarding non-implementation of reservation, lack of accessibility, and inadequate pedagogy for persons with disabilities in educational institutions under the Disabilities Acts of 1995 and 2016. (Para 1 )
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2017 Supreme(SC) 1201
SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
DISABLED RIGHTS GROUP & ANR. - PETITIONERS
VERSUS
UNION OF INDIA & ORS. – RESPONDENTS
WRIT PETITION (CIVIL) NO. 292 OF 2006 WITH 997 OF 2013
Decided On : 15-12-2017
Important Points
IMPORTANT POINT
Persons with disability need special attention and care.
Persons with disability need special attention and care.
Subject
Education Law - Rights of Persons with Disabilities
Act Referred
Headnote
(a) Rights of Persons with Disabilities Act, 2016 – Sections 32 and 89 – Not less than 3% reservation of seats in educational institutions – All institutions covered u/s 32 directed to comply with the same – Chief Commissioner and/or the State Commissioner directed to monitor and initiate action u/s 89 against non-complying institutions. (Para 8)
2002 (7) Scale 198 – Relied upon
(b) Rights of Persons with Disabilities Act, 2016 – Section 25(1)(b) – Right to accessibility – Directions given. (Para 17)
Civil Appeal No. 243 of 2005 – Relied upon
Facts of the case:
Three issues are raised in this PIL for the benefit of persons suffering from ‘disabililty’. The first issue relates to the non-implementation of 3% reservation of seats in educational institutions as provided in Section 39 of the Disabilities Act, 1995 and Section 32 of the Disabilities Act, 2016. Second equally important issue is to provide proper access to orthopaedic disabled persons so that they are able to freely move in the educational institution and access the facilities. Third issue pertains to pedagogy i.e. making adequate provisions and facilities of teaching for disabled persons, depending upon the nature of their disability, to enable them to undertake their studies effectively.
Finding of the Court:
Persons with disability need special attention and care.
Result: Directions given. Monitoring will continue.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner: Mr. Baijnath Patatel, Adv. Ms. Sweta, Adv. Ms. Romila, Adv. Ms. Jyoti Mendiratta, AOR Mr. Anjani Kumar Mishra, AOR
For the Respondent: Ms. Asha Gopalan Nair, AOR Ms. Charu Mathur, AOR Mr. G. N. Reddy, AOR Mr. Ardhendumauli Kumar Prasad, AOR Ms. Sushma Suri, AOR Dr. Sushil Balwada, AOR
For the Petitioner: Mr. Baijnath Patatel, Adv. Ms. Sweta, Adv. Ms. Romila, Adv. Ms. Jyoti Mendiratta, AOR Mr. Anjani Kumar Mishra, AOR
For the Respondent: Ms. Asha Gopalan Nair, AOR Ms. Charu Mathur, AOR Mr. G. N. Reddy, AOR Mr. Ardhendumauli Kumar Prasad, AOR Ms. Sushma Suri, AOR Dr. Sushil Balwada, AOR
Table of Contents
2. Petitioner seeks mandatory compliance with reservation quotas, framing of accessibility rules, and implementation of comprehensive infrastructure and pedagogical guidelines for disabled students in higher education. (Para 7 , 15 , 16 )
3. Disability is a social construct created by environmental barriers; ensuring a level playing field through accessibility and inclusive pedagogy is essential to prevent discrimination and realize full potential. (Para 10 , 11 , 12 )
4. Educational institutions must provide not only reserved seats but also barrier-free access and inclusive pedagogy to ensure the right to higher education is meaningfully realized. (Para 8 , 10 , 12 )
5. Directed compliance with reservation quotas and ordered UGC to constitute an expert committee to evaluate and implement accessibility and pedagogical guidelines for higher educational institutions. (Para 17 )
6. What is the reservation requirement for persons with disabilities in higher educational institutions under the Disabilities Act, 2016?
All Government institutions of higher education and other higher education institutions receiving Government aid must reserve at least five per cent of seats for persons with benchmark disabilities. (Para 5 , 6 )
7. How does the Social Model of Disability interpret the concept of disability?
It views disability as a social construct created by artificial attitudinal, organisational, and environmental barriers, distinguishing between functional impairments and the loss of equal participation caused by social settings. (Para 11 )
8. Why is physical accessibility and inclusive pedagogy necessary for the right to education?
To ensure a level playing field and prevent discrimination, as the right to education is only meaningful if students can access buildings, classrooms, and libraries to realize their full potential. (Para 10 , 12 )
9. How is the implementation of reservation for disabled persons in educational institutions to be monitored?
Institutions must submit annual lists of admitted disabled persons to the Chief or State Commissioner, with the BCI and UGC authorized to conduct inspections to verify compliance. (Para 8 , 17 )
JUDGMENT :
A.K. SIKRI, J.
Three issues are raised in this petition which is filed in public interest, for the benefit of persons suffering from ‘disabililty’ as per the definition contained in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) 1995 (hereinafter referred to as the ‘Disabilities Act, 1995’) which now stands repealed and is replaced by the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the ‘Disabilities Act, 2016’). The first issue related to the non-implementation of 3% reservation of seats in educational institutions as provided in Section 39 of the Disabilities Act, 1995 and Section 32 of the Disabilities Act, 2016. Second equally important issue raised in this petition, which is intimately connected with the first issue, is to provide proper access to orthopaedic disabled persons so that they are able to freely move in the educational institution and access the facilities. Third issue pertains to pedagogy i.e. making adequate provisions and facilities of teaching for disabled persons, depending upon the nature of their disability, to enable them to undertake their studies effectively.
We may state at the outset that though the petition as originally filed had confined these issues only to law colleges. In view of the fact that these issues are of seminal importance, this Court decided to extend the coverage by encompassing all educational institutions.
2. As can be discerned from the number assigned to this writ petition, it was filed in the year 2006 and, thus, is pending for eleven years. The reason was that this Court has been calling for the status reports from the respondents/Government Authorities from time to time about the implementation of the Disabilities Act insofar as provisions relating to the aforesaid aspects are concerned. Since the matter was ripe for passing final orders and directions, we deemed it proper to hear the counsel for the parties at length so that the writ petition is disposed of by giving final directions in this behalf.
(I) Re: 3% Reservation of Seats in Educational Institutions
3. Section 39 of the Disabilities Act, 1995 reads as under:
“ Section 39 : All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seat for persons with disabilities.”
4. As per this provision, all Government educational institutions as well as other educational institutions which are receiving aid from the Government are supposed to reserve seats for the benefit of persons with disabilities, which reservation shall not be less than 3%. Thus, 3% of the seats is the minimum reservation and it can be even more than 3%. This provision had come up for discussion before this Court in All Kerala Parents Association of the Hearing Impaired v. State of Kerala , 2002 (7) Scale 198 and the Court issued following directions therein:
“We...hold that Section 39 deals with the reservation of seats for persons with disabilities in government educational institutions as well as educational institutions receiving aid from the government, and necessarily therefore the provison thereof must be complied with.”
5. Disabilities Act, 2016 makes more exhaustive provisions insofar as providing of educational facilities to the persons with disabilities is concerned. Section 31 confers right to free education upon children with benchmark disabilities who are between the age of 6 to 18 years. This provision is made notwithstanding anything contained in the Rights of Children to Free and Compulsory Education Act, 2009. Section 32 makes provisions for reservation in higher educational institutions. Section 34 provides for reservation in employment. Since, we are concerned with reservation of seats in educational institutions and as Section 32 directly deals with the same, we reproduce that provision hereunder:
“32. (1) All Government institutions of higher education and
