Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Right to Special Rights for Differently Abled - Differently abled persons have a fundamental right to accessibility, dignity, and equality, which must be actively protected and promoted by the state. This includes ensuring physical accessibility, reservations, and facilities in public spaces, education, employment, and religious places. The right to accessibility is rooted in the constitutional right to life under Article 21 and is reinforced by the Rights of Persons with Disabilities Act, 2016 ["N. Shreyas, S/o. D. Nagaraj VS Bangalore Metropolitan Transport Corporation, Represented By Its Managing Director - Karnataka"].
Legal and Policy Framework - The government and courts recognize the duty to provide infrastructure, reservations, and facilities tailored to differently abled persons. For example, the Tamil Nadu Urban Local Bodies Rules reserve 5% of shops for differently abled persons, and the law mandates 3% reservation in employment. The state is also tasked with appointing designated officers for welfare and ensuring compliance with disability rights laws ["O.Sivaratha Krishnan vs State of Tamil Nadu - Madras"], ["Kerala Public Service Commission vs National Human Rights Commission - Kerala"], ["Sripada Sai Ram VS State of Andhra Pradesh - Andhra Pradesh"].
Reservation and Employment Rights - Differently abled persons are entitled to reserved vacancies (e.g., 3% in government jobs), and backlog vacancies should be filled from their list. Courts have emphasized that the failure to fill these vacancies or provide suitable accommodations violates their rights. There are also provisions for exemption from fees and special considerations in recruitment processes ["Sathisha M. VS State Of Kerala, Represented By Its Principal Secretary To Social Justice Department - Kerala"], ["Radhakrishnan K, Special Grade Auditor, Office of Assistant Director (Audit) VS State of Kerala, Represented By the Secretary to Government, Department of Co-Operation - Kerala"], ["Sunil Kumar B. , S/o. Gopi VS Cochin University of Science and Technology - Kerala"].
Accessibility and Facilities - The provision of ramps, accessible exam centers, and facilities within religious places (e.g., allowing wheelchairs inside temples) are recognized as essential for enabling their participation in societal and religious activities. Courts have directed authorities to implement these facilities and have appointed amicus curiae to suggest improvements ["Suo Motu vs State Of Kerala - Kerala"].
Education and Welfare - The right to inclusive education and fee waivers for differently abled students are emphasized. Universities and educational institutions are expected to waive tuition fees and provide necessary accommodations based on disability certificates. The law also mandates creating accessible learning environments and providing relief measures ["GOKULA KRISHNAN B vs THE REGISTRAR - Madras"], ["Gokula Krishnan B vs The Registrar, Tamil Nadu Dr.Ambedkar Law University - Madras"].
Challenges and Implementation Gaps - Despite legal provisions, there are reports of inadequate implementation, non-filling of reserved vacancies, and lethargic administrative attitudes. Many cases highlight the need for more proactive measures, timely appointments, and infrastructural improvements to uphold the rights of differently abled persons ["State Of Kerala vs T. Rajeev, S/o.Late Raman Kutty - Kerala"], ["Indira vs The State Commissioner - Madras"], ["KERALA PUBLIC SERVICE COMMISSION vs PRASAD P.S - Kerala"].
Court Emphasis on a Liberal and Relief-Oriented Approach - The judiciary stresses that the government and institutions must adopt a compassionate, inclusive, and proactive approach towards differently abled persons, ensuring their full participation and protection of their rights. The approach should be non-obstructive and facilitate their integration into all spheres of life ["Jammula Nandasai Mithra VS State of Andhra Pradesh - Andhra Pradesh"].
Analysis and Conclusion:The collection of sources underscores that differently abled persons in India are constitutionally and legally entitled to a range of rights, including accessibility, reservations, employment, and participation in religious and social activities. While the legal framework is comprehensive, effective implementation remains a challenge, necessitating a proactive, relief-oriented attitude from authorities and society. Ensuring infrastructure, reservations, and inclusive policies are critical to realizing true equality and dignity for differently abled individuals ["N. Shreyas, S/o. D. Nagaraj VS Bangalore Metropolitan Transport Corporation, Represented By Its Managing Director - Karnataka"].
In an increasingly urbanized India, mobility is a fundamental aspect of daily life. Yet, for persons with disabilities—often referred to as differently abled individuals—simple tasks like accessing pathways, properties, or public spaces can become insurmountable challenges due to barriers and obstructions. A common query arises: Do differently abled persons have a special right to way? This question touches on critical issues of equality, dignity, and inclusion under Indian law.
This blog post delves into the legal framework, primarily the Rights of Persons with Disabilities Act, 2016 (RPwD Act), which affirms special protections for unobstructed access. We'll explore key provisions, enforcement mechanisms, discrimination remedies, and broader context from related cases. Note: This is general information based on legal precedents and statutes; it is not specific legal advice. Consult a qualified lawyer for personalized guidance.
The RPwD Act, 2016, establishes a robust framework recognizing the right of persons with disabilities to access, including the right of way, as part of their fundamental rights to equality, dignity, and non-discrimination. Authorities bear positive obligations to ensure barrier-free environments, with mechanisms for protection and enforcement. Rajive Raturi VS Union of India - 2017 0 Supreme(SC) 1202DISABLED RIGHTS GROUP VS UNION OF INDIA - 2017 0 Supreme(SC) 1201
This right extends to unobstructed access to property, land, and essential routes for mobility and societal participation. Discrimination, such as denying or obstructing this right, can be challenged legally. UNION OF INDIA VS DILEEP KUMAR SINGH - 2015 2 Supreme 480Rajive Raturi VS Union of India - 2017 0 Supreme(SC) 1202
Here are the core entitlements under the law:
These provisions align with constitutional principles under Articles 14, 21, and 17, emphasizing proactive state action.
The RPwD Act mandates barrier-free access across sectors. Building on the earlier Persons with Disabilities Act, 1995 (Section 44), it requires adaptations in transport—like rail compartments, buses, and pathways—for easy access. 003000473 Authorities must identify and maintain accessible routes.
In private contexts, such as under the Land Revenue Code, 1959 (e.g., Madhya Pradesh Section 131(1)), rights of way through private land are protected based on custom and convenience, with administrative remedies for obstructions (Bandhiyas). Civil suits may be barred if statutory processes apply. NATHURAM ARJUN VS SIYASHARAN HARPRASAD - 1968 0 Supreme(MP) 165
The law explicitly safeguards differently abled persons' access to land and property. Revenue authorities like Tahsildars resolve disputes and remove barriers, treating this as a statutory right rather than common law. NATHURAM ARJUN VS SIYASHARAN HARPRASAD - 1968 0 Supreme(MP) 165
Authorities play a proactive role: identifying protected ways, removing obstructions, and ensuring compliance. This duty underscores the social model of disability, viewing barriers as societal failures rather than individual deficits. UNION OF INDIA VS DILEEP KUMAR SINGH - 2015 2 Supreme 480Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539
Obstructing right of way is discriminatory, breaching equality principles. Courts can intervene, directing barrier removal. Rajive Raturi VS Union of India - 2017 0 Supreme(SC) 1202DISABLED RIGHTS GROUP VS UNION OF INDIA - 2017 0 Supreme(SC) 1201
Related cases highlight broader non-discrimination for differently abled persons. For instance, in pension schemes, courts addressed disparities between visually impaired and other differently abled individuals, directing equitable treatment for those ineligible for employment due to additional infirmities. Nethrodaya, Represented by its Founder – Trustee C. Govindakrishnan, Chennai VS State of Tamil Nadu Rep. by The Secretary to Government, Chennai - 2022 Supreme(Mad) 3616 The court noted: Visually impaired persons were eligible for public and private employment, unlike other differently abled persons who were incapable of employment due to their disabilities. This reinforces parity in welfare rights.
In employment reservations, strict compliance is mandated, as seen in a selection for Assistant Professor where a differently abled candidate's claim was dismissed after verifying reservation rules were followed. D. Velmurugan VS Chairman, Chennai - 2022 Supreme(Mad) 730
The UN Convention on the Rights of Persons with Disabilities (ratified by India) bolsters accessible rights of way for independent living. Indian courts affirm this as integral to dignity and equality. Rajive Raturi VS Union of India - 2017 0 Supreme(SC) 1202
Other judicial insights enrich understanding:
These examples illustrate how courts extend protections across employment, education, and welfare, complementing right-of-way rights.
Obligations are tempered by economic capacity; full implementation may phase in based on resources. 003000473 However, the core duty persists.
Differently abled persons generally enjoy a special right to unobstructed ways under the RPwD Act, backed by statutes like the Land Revenue Code and constitutional mandates. Authorities must enforce this through barrier removal, while discrimination invites remedies. Cases on pensions, reservations, and education affirm holistic protections. Rajive Raturi VS Union of India - 2017 0 Supreme(SC) 1202UNION OF INDIA VS DILEEP KUMAR SINGH - 2015 2 Supreme 480
Key Takeaways:- Right of way is a protected entitlement for mobility.- Obstructions are actionable as discrimination.- Seek administrative or judicial relief promptly.- Broader rights span welfare, jobs, and education.
Stay informed on evolving accessibility laws to foster an inclusive India. For specific cases, professional legal counsel is essential.
It is a right to be availed actively and emphatically to the persons with disabilities or to the class of persons who are differently abled persons, either physically or mentally. ... Petitioner No.2 is a non-profit organization engaged in the activities of upliftment of status of the persons with disability and differently abled persons in the society. 2. Right to accessibility is a fundamental right. ... Right to Life under Article 21 of the Consti....
Recording the submission made by the learned Special Government Pleader this, Court directs the third respondent to disburse the monthly maintenance amount under the Differently Abled Pension Scheme to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this ... The Special Tahsildhar, Social Security Scheme, Collectorate, Tenkasi. ... ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respond....
The third respondent, in compliance with this duty, has reserved shop Nos.9, 35 and 50 exclusively for allotment to persons who are differently abled. ... The petitioner states that on account of heavy crowd of participants, persons who are differently abled are not in a position to participate in the public auction. ... The basic apprehension of the petitioner is that on account of jostling, it is possible that persons who are differently abled may suffer injuries rather than being i....
A welfare State, that India is, must accord its best and special attention to a section of our society which comprises of differently abled citizens. This is true equality and effective conferment of equal opportunity.” ... It should be ensured that there are ramp facilities in exam centres allotted for the differently-abled candidates. xx xxx xxxx.” ... A little concern for this class who are differently abled can do wonders in their life and help them stand on their....
In exercise of the powers conferred under Sec. 79(1) of the Right of Persons with Disabilities Act, 2016, the Government of Andhra Pradesh hereby designate the Director, Welfare of Differently Abled & Senior Citizens as the State Commissioner for the persons with disabilities. ... From the Director, Welfare of Differently Abled, Transgender & Senior Citizens, A.P, Lr.No.D2/2637/2017,dt.26.06.2019. 8. From the Secretary, APPSC, Lr.No.59/R&R/2020, Dt:14.02.2020. ... This order issues with the concurrence ....
Hence, the petitioner filed Annex.A5 representation dated 26.06.2019 to appoint him in the vacancy set apart for differently abled persons. ... The vacancies set apart for differently abled persons remained unfilled for want of candidates belonging to the low vision category as well as hearing impairment category. ... He is the sole candidate included in the list of differently abled candidates for appointment against 3% earmarked vacancies. The said vacancies are set apart to the low ....
Suganthi, is that more facilities should be provided to the differently abled persons for facilitating their right to worship. 24. ... The core issue involved in this case is whether the wheelchairs are to be permitted inside the Nalambalam of a temple so as to facilitate proper Darshan for differently abled devotees. 21. ... On 13.11.2024, the learned Amicus Curiae submitted an interim report incorporating various suggestions to ensure smooth darshan for differently abled#HL....
Director Of The Welfare Of Differently Abled Directorate of the Welfare of Differently Abled Lady Wellington College Campus, Kamaraj Salai, Chennai 600 005. 2. The District Differently Abled Welfare Officer DMS Campus, Teynampet, Chennai 600 018. ... Director Of The Welfare Of Differently Abled Directorate of the Welfare of Differently Abled, Lady Wellington College Campus, Kamaraj Salai, Chennai 600 005. 2. The Di....
The State Commissioner For Differently Abled O/o.State Commissioner For Differently Abled, J.N.Ring Road, Chennai 600078. 2. The Secretary To Government Local Administration Department, Government Of Tamil Nadu, Fort St George, Chennai 600009. 3. ... 12-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No Maya To 1.The State Commissioner For Differently Abled O/o.State Commissioner For Differently Abled, J.N.Ring Roa....
A combined reading of the above provisions makes it clear that it is the duty of the Government to ensure that the infrastructure facilities in public places are accessible to the differently abled persons. The physical environment of a building must be friendly to differently abled persons. ... If any public place remains inaccessible to differently abled persons, that failure cannot be construed to their detriment. A differently abled person cannot....
Therefore, the Petitioner seeks a direction to the State to transfer the Monthly Pension Scheme to the Differently Abled Department and also to treat them on par with other Differently Abled Persons. Whereas, the other Differently Abled Persons, whose maintenance allowance is handled by the Differently Abled Department, are not put to such hardship.
Therefore, the petitioner was deprived of his opportunity for selection to the Post of Assistant Professor, Chemistry. The respondents, while undertaking the process of selection, had not followed the rule of reservation. The petitioner participated in the process of selection. He is a differently abled person, suffering 50% of Disability in his right leg.
Since there is no clarity about the circumstances in which Clause (vi) of Statute SC-16.5.1 will operate, we do not think it would be appropriate to strike down this provision in the absence of some concrete instances. Possibly, this provision might operate in the context of reservations for the differently-abled categories. Therefore, though we believe that the provision in Clause (vi) of Statute SC-16.5.1 is, prima facie, reasonable and regulatory, we leave the question of its validity open for examination in an appropriate case, should such an occasion arise. There, an academici....
Children with special needs and differently abled children may have shorter sessions in consultation with their parent/guardian. 1. Each online session may have 30-45 minutes of curricular delivery. 3. A teacher may take a maximum 6 classes per day, subject to a maximum of 28 online classes per week. 2. A break of at least 10-15 minutes shall be given between each session to give rest to the eyes and to enable children to relax, stretching of body or to take water.
The fines imposed under the Act are to be credited to the Funds. Section 12 places responsibilities on the State to take special care of the differently abled children. It also calls upon the State to eliminate all forms of discrimination against the girl child. The Goa Act also directs to create State Children Fund.
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