AI Overview...
Section 20(4) of the Rights of Persons with Disabilities Act, 2016 Applicable to Private Company Limited
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Application of Section 20(4):
Section 20(4) of the Rights of Persons with Disabilities Act, 2016, primarily addresses the rights related to promotion and employment opportunities for persons with disabilities. It emphasizes that no person with a disability shall be denied promotion solely on the basis of their disability, provided they are otherwise qualified Ravinder Kumar Dhariwal VS Union of India - Supreme Court, Isabella C.L. vs Union Of India - Gujarat. -
Scope and Applicability:
While the Act aims to protect the rights of persons with disabilities across various sectors, its provisions, including Section 20(4), are applicable to both government and private sector entities, including private companies limited. The courts have interpreted these provisions as substantive rights that impact employment practices, ensuring non-discrimination in promotion and employment Nexus Feeds Limited VS Assistant Commissioner of Income Tax - Telangana. -
Private Companies' Obligation:
Private companies, including private limited companies, are expected to comply with the provisions of the Act, especially those related to equal opportunities, non-discrimination, and reasonable accommodations. The Act mandates that such entities provide fair opportunities for persons with disabilities, including during promotional processes Metropolitan Transport Corporation Ltd. VS V. Sundara Vadivel - Madras, Vikas VS State Of Maharashtra - Bombay. -
Legal Precedents and Judicial Interpretations:
Judicial rulings have reinforced that the rights conferred under Section 20(4) are substantive and enforceable against private entities. For instance, denial of promotion based solely on disability, without considering merit, violates the Act Nexus Feeds Limited VS Assistant Commissioner of Income Tax - Telangana. -
Main Points & Insights:
- Section 20(4) guarantees non-discrimination in promotion for persons with disabilities.
- The Act applies to private companies, including private limited companies, to promote equal employment opportunities.
- Employers must provide reasonable accommodations and cannot deny promotions solely based on disability.
- Violations can lead to legal consequences under the Act and constitutional protections Ravinder Kumar Dhariwal VS Union of India - Supreme Court, Isabella C.L. vs Union Of India - Gujarat.
Analysis and Conclusion
Section 20(4) of the Rights of Persons with Disabilities Act, 2016, is applicable to private company limited entities, mandating non-discriminatory practices in employment promotions. Private companies are legally obliged to ensure equal opportunities for employees with disabilities, providing necessary accommodations and refraining from denying promotions solely on the basis of disability. Non-compliance can result in legal liabilities, emphasizing the importance of adherence to the Act's provisions to uphold the rights of persons with disabilities in the private sector.
References: - Ravinder Kumar Dhariwal VS Union of India - Supreme Court - Isabella C.L. vs Union Of India - Gujarat - Nexus Feeds Limited VS Assistant Commissioner of Income Tax - Telangana - Metropolitan Transport Corporation Ltd. VS V. Sundara Vadivel - Madras - Vikas VS State Of Maharashtra - Bombay
Search Results for "Section 20 4 the Rights of Person with Disability Act 2016 Applicable on Private Company Limited"
2022 1 Supreme 539 • India - Supreme Court
D. Y. CHANDRACHUD, SURYA KANT, VIKRAM NATH
Act, 1995 – Sections 47 [Now, Rights of Persons with Disabilities Act, 2016 – Section 20] – General Clauses Act 1897 – Section 6 ... Participation) Act, 1995[Now, Rights of Persons with Disabilities Act, 2016] – Sections 47 and 20(4) – Central Civil Services (Classification....
2024 Supreme(Online)(NCLT) 5505 • India - National Company Law Tribunal
Mr. Praveen Gupta, Member (Judicial), Mr. Ashish Verma, Member (Technical)
... Facts of the case: ... The application was filed for approval of the Resolution Plan submitted by Vibhor Vaibhav Infrahome Private ... Nominee of the Financial Creditor M/s Neon Vincom Private LimitedOne member authorized by M/s Neon Vincom Private Limited4. ... ,”, a term which also includes any person acting jointly with the Resolution Page 22 of 36 Applicant), do solemnly affirm and state to the committee of creditors (“CoC”) of COLORCITY HOMES PRIV....
2018 0 Supreme(SC) 965 • India - Supreme Court
ROHINTON FALI NARIMAN, INDU MALHOTRA
Pursuant to this advertisement, one ‘ArcelorMittal India Private Limited’ submitted an expression of interest on 11.10.2017. ... An entity called Numetal Limited, also submitted an expression of interest on 20.10.2017. ... (a) Insolvency and Bankruptcy Code, 2016 and Insolvency and Bankruptcy Code (Amendment) Act, 2017 – Section ... A judgment of the Securities Appellate Tribunal in M/s Subhkam Ventures (I) Private Limited v. ... Lt....
2022 0 Supreme(Telangana) 125 • India - Telangana
UJJAL BHUYAN, CHILLAKUR SUMALATHA
Fact of the Case: The petitioners, a company and its managing director, challenged the show cause notice, provisional ... The authorities alleged that the petitioners had entered into a benami transaction in 2011, whereby the company had purchased shares ... The Court reasoned that these provisions are substantive in nature and affect the vested rights of individuals, and therefore, the ... b) and adding a new provision as Section 20 (4) (b), would be applicable to ....
2017 6 Supreme 581 • India - Supreme Court
DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
(a) Rights of Persons with Disabilities Act, 2016 – Section 1(2) – Commencement – As per Gazette notification the Act has come into ... (Para 11) ... (b) Rights of Persons with Disabilities Act, 2016 – Section ... Participation) Act, 1995 is to be treated as an enactment for empowerment of the persons under disability and further expressed .......
2017 0 Supreme(Mad) 4293 • India - Madras
T.RAJA
definitely affect earning capacity of a software engineer this Court is inclined to apply multiplier method instead of percentage of disability ... at this point of time a male passenger hurriedly tried to board bus through rear side foot board however after seeing reckless act ... No.5418 of 2011 dated 20.1.2015 awarding a sum of Rs. 4,04,000/-, as against the claim of Rs. 6,00,000/-, the United India Insurance Company Limited has filed C.M.A. ... Further, referring to another judgment of the learned s....
2025 0 Supreme(Guj) 1247 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Sections 3 , 4 and 20 of the Rights of Persons with Disabilities Act, 2016, inasmuch as, the CRPF Rules and the Standing Order deny fair opportunity of being considered for promotion to the HIV/AIDS +ve incumbents in service and, thus, cause unfair treatment ... A perusal of the aforesaid section reveals that sub-section (2) of Section 47 mandates that no promotion shall be denied to a person ....
2019 0 Supreme(Mad) 2199 • India - Madras
M.SUNDAR
RPD Act - section 34 - Rights of Persons with Disabilities Act, 2016 - Section 34 - Constitution of India ... with disability, they should have been accommodated by providing reservation in tune with section 34 of RPD Act - In this regard ... with benchmark disabilities within the meaning of section 2( of RPD Act, shall now be called for interview and 68 (4% of ....
2018 0 Supreme(Del) 3235 • India - Delhi
S.MURALIDHAR, SANJEEV NARULA
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 -Section 2(k), ... 2 (k) of the PWD Act – Whether Section 47 of the PWD Act would apply to the contractual employment of the Appellant is rendered ... academic – Section 47 of the PWD Act does not apply to contractual employment but only It is applied to a permanent employment – ... By the impugned judgment the learned Single Judge dismissed the writ petition ho....
2020 0 Supreme(Bom) 713 • India - Bombay
S.J.KATHAWALLA, R.I.CHAGLA
of Persons with Disabilities Act, 2016 (2016 Act) and violative of the Petitioners' rights under the Constitution of India. ... such a person be dispensed with, or he be reduced in rank on account of such disability. * On acquiring such disability, if the ... be subjected to discrimination, if such disability was acquired during the course of employment. * If a person suffers from disabi....
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