Searching Case Laws & Precedent on Legal Query!
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Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
The Rights of Persons with Disabilities Act, 2016, marks a significant legislative advancement by aligning Indian law with international standards and emphasizing a human rights approach. It guarantees rights to education, employment, and social participation for differently-abled children, with provisions for special accommodations and reservations. However, practical challenges such as infrastructural deficiencies, lack of trained personnel, and societal attitudes continue to impede full realization of these rights. To ensure a truly inclusive society, concerted efforts in policy implementation, awareness, and infrastructure development are essential. The Act's success hinges on translating legal provisions into tangible benefits for children with disabilities, fostering an environment of acceptance, accessibility, and equal opportunity.
References:- ["Clint Johnson S/o Johnson K. K. VS State of Kerala - Kerala"]- ["Suo Motu vs State Of Kerala - Kerala"]- ["Jammula Nandasai Mithra VS State of Andhra Pradesh - Andhra Pradesh"]- ["N. Shreyas, S/o. D. Nagaraj VS Bangalore Metropolitan Transport Corporation, Represented By Its Managing Director - Karnataka"]- ["Kerala Public Service Commission, Represented By Its Secretary, Kerala Public Service Commission VS Sabeena K. S. , D/o. Saludeen K. P. - Kerala"]- ["SYED MEHEDI vs GOVT OF NCT OF DELHI & ORS. - Delhi"]-1200_2016)- ["DELEESHA DORA J. D/O SAMUEL JAYARAJ VS STATE OF KERALA - Kerala"]- ["R. Kaliyappan VS State of Tamil Nadu - Madras"]- ["R.KALIYAPPAN vs THE STATE OF TAMILNADU - Madras"]- ["CLINT JOHNSON vs STATE OF KERALA - Kerala"]- ["Syed Mehedi vs Govt. of NCT of Delhi - Delhi"]- ["Syed Mehedi VS Govt. of NCT of Delhi - Delhi"]- ["Saurabh Shukla VS Niva Bupa Health Insurance Co. Ltd. - Delhi"]- ["Kerala Public Service Commission vs National Human Rights Commission - Kerala"]- ["SYED MEHEDI Vs GOVT OF NCT OF DELHI & ORS. - Delhi"]
In India, ensuring equal opportunities for differently abled children is a cornerstone of modern legislation. The question often arises: What are the rights of differently abled children with special reference to the Rights of Persons with Disabilities Act, 2016 (RPwD Act), including challenges and perspectives? This blog delves into the key provisions, protections, hurdles in implementation, and judicial viewpoints to provide a comprehensive overview. Note that this is general information and not specific legal advice; consult a qualified lawyer for personalized guidance.
The Rights of Persons with Disabilities Act, 2016 (RPwD Act), enacted on December 27, 2016, and effective from April 19, 2017, replaced the narrower Persons with Disabilities Act, 1995. L. K. Venkat Alias Venkatesan L VS Secretary, Union of India, Ministry of Human Resource Development - 2018 0 Supreme(Mad) 3611Sripada Sai Ram VS State of Andhra Pradesh - 2022 0 Supreme(AP) 689 It expanded recognized disabilities from 7 to 21 categories, with provisions for additional notifications by the Central Government. Bijoy Kumar Hrangkhawl VS Tripura State Electricity Corporation Limited (Tsecl) - 2022 0 Supreme(Tri) 195Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
The Act categorizes individuals into 'person with disability,' 'person with benchmark disability' (not less than 40% disability, per Section 2(r)), and those with high support needs. Bijoy Kumar Hrangkhawl VS Tripura State Electricity Corporation Limited (Tsecl) - 2022 0 Supreme(Tri) 195 This distinction is crucial, as benchmark status unlocks enhanced entitlements, particularly for children. Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
India ratified the United Nations Convention on the Rights of Person of disability and the Person with Disability Act, 1995 was replaced with Rights of Persons with Disabilities Act, 2016, (RPwD Act) which law seeks to promote the inclusion of persons with disability by expanding the legal definition of disability. Shabana Rashid Pinjari vs Maharashtra Public Service Commission, Through its Chairman - 2025 Supreme(Bom) 851
Chapter VI of the RPwD Act targets persons with benchmark disabilities, including children, offering prioritized rights. Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
Every child aged 6-18 with benchmark disability enjoys the right to free education in a neighborhood school or special school of choice, overriding the Right of Children to Free and Compulsory Education Act, 2009. Appropriate governments must ensure access in an inclusive environment. L. K. Venkat Alias Venkatesan L VS Secretary, Union of India, Ministry of Human Resource Development - 2018 0 Supreme(Mad) 3611Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
This provision ensures educational continuity, vital for differently abled children's development.
These indirectly benefit children via family stability and long-term planning. Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
Children with benchmark disabilities needing high support receive intensified protections, building on Chapter VI. While not child-exclusive, these address intensive care requirements. Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
All children with disabilities (across 21+ categories like chronic neurological conditions, blood disorders, multiple disabilities) access general rights. Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330Bijoy Kumar Hrangkhawl VS Tripura State Electricity Corporation Limited (Tsecl) - 2022 0 Supreme(Tri) 195
State Commissioners oversee enforcement, e.g., Andhra Pradesh's Director, Welfare of Differently Abled & Senior Citizens under Section 79(1). Sripada Sai Ram VS State of Andhra Pradesh - 2022 0 Supreme(AP) 689
Courts have reinforced RPwD Act implementation, emphasizing inclusion.
In a Kerala case on aided institutions, the court upheld 3-4% reservations: Government issued an order on 18.11.2018 extending the provisions of Section 2(k) of the 1995 Act and 2016 Act to all aided educational institutions... directed that the concerned administrative departments shall instruct all the appointing authorities... to ensure 3% reservation... and 4% reservation. Renjith J. V. , S/o. Vijayakumar G. VS State of Kerala, Rep. by Secretary, Social Welfare Department - 2020 Supreme(Ker) 574 Managements must comply, benefiting differently abled educators and indirectly children. Renjith J. V. , S/o. Vijayakumar G. VS State of Kerala, Rep. by Secretary, Social Welfare Department - 2020 Supreme(Ker) 574
Reasonable accommodation is pivotal. For a visually impaired candidate: The court emphasized that rigid adherence to recruitment rules without considering reasonable accommodation for individuals with disabilities violates their rights under the RPwD Act. Shabana Rashid Pinjari vs Maharashtra Public Service Commission, Through its Chairman - 2025 Supreme(Bom) 851 The principle mandates that the needs of individuals with disabilities must be acknowledged and remedied. This extends to children's educational access. Shabana Rashid Pinjari vs Maharashtra Public Service Commission, Through its Chairman - 2025 Supreme(Bom) 851
In juvenile justice contexts, assessments consider disabilities: whether the child suffers from any kind of disability as listed in Rights of Persons with Disabilities Act, 2016. Aarif VS State of Haryana - 2024 Supreme(P&H) 811 Timely evaluations prevent miscarriages, protecting vulnerable children. Aarif VS State of Haryana - 2024 Supreme(P&H) 811
High Courts invoke RPwD Act alongside other laws for special care: We may now refer to Sections 16 and 17 of the Rights of Persons with Disabilities Act, 2016... special care and assistance required by different.... SYED MEHEDI vs GOVT OF NCT OF DELHI & ORS.-1200_2016)
Despite robust provisions, challenges persist:- Certification Delays: Obtaining benchmark status can be bureaucratic, delaying education access. Bijoy Kumar Hrangkhawl VS Tripura State Electricity Corporation Limited (Tsecl) - 2022 0 Supreme(Tri) 195- Infrastructure Gaps: Many schools lack ramps, aids, or trained staff, hindering inclusion.- Awareness and Enforcement: Rural areas see low compliance; commissioners are overburdened. Sripada Sai Ram VS State of Andhra Pradesh - 2022 0 Supreme(AP) 689- Reservation Backlogs: Unfilled quotas in jobs/education, as seen in aided institutions cases. Renjith J. V. , S/o. Vijayakumar G. VS State of Kerala, Rep. by Secretary, Social Welfare Department - 2020 Supreme(Ker) 574- High Support Needs: Limited specialized facilities for severe cases under Chapter VII. Vikash Kumar VS Union Public Service Commission - 2021 4 Supreme 330
Perspectives from cases highlight insensitivity: rigid rules ignore accommodations, violating RPwD spirit. Shabana Rashid Pinjari vs Maharashtra Public Service Commission, Through its Chairman - 2025 Supreme(Bom) 851
The RPwD Act marks a paradigm shift toward inclusion, but realization demands:- Proactive certification drives.- Infrastructure investments.- Judicial sensitivity, as in visually impaired employment rulings. Shabana Rashid Pinjari vs Maharashtra Public Service Commission, Through its Chairman - 2025 Supreme(Bom) 851- Integration with RTE and Juvenile Justice Act for holistic protection. Aarif VS State of Haryana - 2024 Supreme(P&H) 811
RPwD Act confers an obligation on the State to ensure that persons with disabilities enjoy the right to equality, life with dignity. Shabana Rashid Pinjari vs Maharashtra Public Service Commission, Through its Chairman - 2025 Supreme(Bom) 851
The RPwD Act, 2016 empowers differently abled children, but effective implementation is key. Stay informed and advocate for rights. Bijoy Kumar Hrangkhawl VS Tripura State Electricity Corporation Limited (Tsecl) - 2022 0 Supreme(Tri) 195
#RPwDAct2016, #DisabilityRights, #ChildRightsIndia
As per the United Nations Convention on the Rights of Persons with Disabilities, Act 1995 and also as per the Act, 2016, the person with disability includes a mentally retarded person. ... The United Nations Convention on the Rights of Persons with Disabilities is the basis for the enactment of the Act, 2016. ... Similarly, the Rights of Persons With Disabilities Act#HL....
Rights of Persons with Disabilities Act, 2016, we are of the considered view that, to give full effect to the guarantees of equality, dignity, and non-discrimination embodied therein, persons with disabilities must be afforded appropriate and reasonable accommodations and be accorded ... Suganthi, is that more facilities should be provided to the differently abled persons for facilitating their right to worship. 24. ... Women and children#H....
learning environment as per Section 2(y) of the Right of Persons with Disabilities Act, 2016, and the judgment of the Hon’ble Apex Court in Vikash Kumar v. ... It is submitted that this disability severely impacts the ability to complete written examinations within the stipulated duration under Section 2 (r) of the Rights of Persons with Disabilities Act, 2016 (for short ‘RPwD Act, 2016’). 4B. ......
This direction was issued keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. ... (emphasis supplied) We may now refer to Sections 16 and 17 of the Rights of Persons with Disabilities Act, 2016, (“Disabilities Act” Act. ... special care and assistance required by different....
in public employment (The Rights of Persons with Disabilities Act, 2016). ... United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which led to the enactment of the Rights of Persons with Disabilities Act, 2016, reflects a fundamental shift from the medical model of disability to a social model. ... These questions warrant examination in light of constitutional principles....
3.4.1 The Right of Persons with Disabilities Act, 2016 replaced the Persons with Disability Act, 1995. In Sunanda Bhandare Foundation Vs. ... 2.1 Section 3 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as “PwD Act”) mandates the appropriate government to ensure equality and non-discrimination for the persons with disabilities. .....
This direction was issued keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. ... (emphasis supplied) We may now refer to Sections 16 and 17 of the Rights of Persons with Disabilities Act, 2016, (“Disabilities Act” Act. ... special care and assistance required by different....
The Rights of Persons with Disabilities Act, 2016 (Act of 2016), reinforces the principles of equality, non-discrimination, and full participation of persons with disabilities in society. It seeks to ensure their accessibility, inclusion, and empowerment in education, employment, and public life. ... Chapter III of the Protection of Human Rights Act, 1993 (Act of 1993), sets out the functions and powers of the Nati....
This direction was issued keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. ... to demand age relaxation as a matter of right, but keeping in view the constitutional and statutory obligation of the respondents and corresponding rights of the differently – abled children. ... but also under the Right to Education ....
This direction was issued keeping in view the provisions of the Persons with Disability Act (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. ... to demand age relaxation as a matter of right, but keeping in view the constitutional and statutory obligation of the respondents and corresponding rights of the differently - abled children. ... but also under the Right to Education ....
POSITION OF LAW 13. Until 2016, the prevailing disability law in India was the Person with Disability Act, 1995. India ratified the United Nations Convention on the Rights of Person of disability and the Person with Disability Act, 1995 was replaced with Rights of Persons with Disability Act, 2016, (RPwD Act) which law seeks to promote the inclusion of persons with disability by expanding the legal definition of disability. RPwD Act confers an obligation on the State to ensure that persons with disabilities enjoy the right to equality, life with dignity and respect for his or her....
12. This Court is of the considered opinion that in case of survivors of sexual assault or rape or incest, where the pregnancy exceeds 24 weeks, permission from the High Court is required and termination of such pregnancy is not permissible under Medical Termination of Pregnancy Act, 1971. In such cases, High Court may exercise its jurisdiction under Article 226 of the Constitution of India for passing orders for termination of pregnancy; 11. In view of aforementioned legal provisions, this Court is of the considered opinion that in case of survivors of sexual assault or rape or incest, the ....
x. whether the child is under the influence of peer groups or associates with those who present risk of harm e.g. sexual offenders, drug peddlers etc. or criminals; vii. whether the child is the control of adults, or group of adults, and if so, the Board shall consider the aspect whether independent of the influence of the adults, the child may not have committed the offence; ix. whether the child is prone to taking drugs or alcohol; viii. whether the child suffers from any kind of disability as listed in Rights of Persons with Disabilities Act, 2016; specify
iv. The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999; v. The Rights of Persons with Disabilities Act, 2016; and had submitted that none of these legislative enactments have dealt with a situation of a patient who is in vegetative state or a comatose state.
The corporate managements have challenged the order. The issue arising in these Writ Petitions is whether 3%/4% vacancies in the aided educational institutions in the State of Kerala should be filled up by appointing differently abled persons in accordance with the provisions contained in Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('the 1995 Act' for short)/Right of Persons with Disability Act, 2016 ('the 2016 Act' for short). Government issued an order on 18.11.2018 extending the provisions of Section 2(k) of the ....
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