The Supreme Court on Friday took a unique initiative to promote inclusivity and accessibility by launching the Mitti Cafe, an establishment run entirely by differently-abled people, in the Supreme Court premises. 

Inaugurating the joint venture, Chief Justice of India (CJI) D.Y. Chandrachud applauded the Mitti team for serving six million meals during the Covid-19 pandemic and expressed hope that all lawyers would support this initiative.

He revealed that all people in the Mitti team were disabled, adding that Mitti Cafe has established 38 cafes across the country.

Expressing his enthusiasm over the inaugural event, the CJI said managers of the cafe included visually-impaired persons, those having cerebral palsy, and also those who were paraplegic.

Attorney General R. Venkataramani, who was present on the occasion, hailed the initiative, calling it a symbol of great compassion.

The event featured the unique rendition of the National Anthem in sign language. The inaugural ceremony was attended by a host of Supreme Court judges, among others.

By Sanjay Raman Sinha

Access to justice for the differently-abled persons is an area of concern which the Supreme Court is addressing, upfront. To enable the differently-abled persons to get access to their legal remedies, the Supreme Court at the behest of Chief Justice DY Chandrachud had constituted a committee to assess the shortcomings of the law dispensation process, especially at the apex court. The committee under Supreme Court judge Justice S Ravindra Bhat was asked to conduct an accessibility audit, extending to both physical as well as technology accessibility. The committee has circulated two sets of questionnaires to comprehend the difficulties faced by the differently-abled persons in their interface with the apex court. The aim is to make its physical and digital infrastructure more disabled friendly.

Justice Bhanwar Singh, former judge at the Allahabad High Court, put the initiative in perspective. He said: “It’s a good move to constitute a committee to assess access to justice for the differently-abled persons at the Supreme Court. The apex court had earlier showed concern by issuing directions to the central government that within three months, the latter should make a rule or a special scheme by which the help and protection of the disabled people can be ensured. It had also given a direction to the UPSC, state public service commissions as well as other examination-conducting bodies that they must provide the facility of a writer to every disabled person. The Supreme Court had also said that there is no need for registration of the disabled. If medical certificate is filed for being disabled, then giving full respect to it, the disabled should be given all the protection and help. Access to justice is a very important concern and thus this is considered a very big initiative.”

The government is bound by law to take care of access to justice for the differently-abled persons. In fact, Section 12(1) of the Rights of Persons with Disabilities Act, 2016, says: “(1) The appropriate Government shall ensure that persons with disabilities are able to exercise the right to access any court, tribunal, authority, commission or any other body having judicial or quasi-judicial or investigative powers without discrimination on the basis of disability.” By imputing a judicial heft to the statutory guidelines, the Supreme Court has underlined the importance of the cause.

Way back in 2018, a suggestion was mooted by Rahul Bajaj, co-founder, Mission Accessibility, and senior associate fellow, disability rights, at VIDHI, for a facilitation committee which also includes talks on short-term measures. He said: “It has been my efforts for several years that measures should be taken in the Supreme Court, interface or physical or digital, to make it more disabled-people friendly. I wrote to several chief justices of India. When Justice Bobde was the chief justice, I wrote a representation to him and then to Justice UU Lalit when he became the chief justice. Now it’s CJI Chandrachud, so I’ve written to him too. It’s a delightful thing to mention that the CJI has taken the matter up for consideration and has formed an accessibility committee in the Supreme Court. It is a

step in the right direction and I hope that actual changes can be made and the Supreme Court processes are made more disabled-friendly.”

In July 2022, the Supreme Court observed in the Abhimanyu Partap Singh vs Namita Sekhon that practising law as a disabled person is extraordinarily difficult. This difficulty is compounded by the fact that the disabled client has also to contend with an incompatible system. However, the conditions for the differently-abled persons at courts continue to remain difficult as it was in the past.

Sanjay Jain, professor, National Law School of India University and a visually disabled, said: “Access to justice for the differently-abled persons in court is very challenging. As we know physical buildings of courts are not easily accessible, technical websites of courts are accessible, but an attempt has been made and I think that improvement should be done in courts. The biggest thing is that in RPWD Act, 21 types of disabilities are mentioned. So, it’s not only about visually disabled and people on wheelchairs, but other differently-abled persons also will benefit from the initiative.”

India has a history of laws to protect the interests of the disabled. In fact, in 2007, India signed the Convention on the Rights of Persons with Disabilities, or UNCRPD agreement, and after ratifying it, the process of enacting a new law to replace the Persons with Disabilities Act, 1995, began in 2010. Then the Rights of Persons with Disabilities Act, 2016, was enacted to secure the rights of the differently-abled persons. As for funds, there is a provision for mobilization of national and state financial resources. There is also a Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment which looks after the interests of this category.

Justice Bhanwar Singh added a perspective. He said: “The main question is how justice can reach the disabled people. My suggestion is to constitute a committee at every district level which works as a legal aid committee. All matters related to the disabled people should be handled by the legal aid committee and direction should be given to them to accord priority to the disabled people, when it comes to lending them help. Apart from that, there should be a provision for a special court at every district level so that all matters pertaining to the disabled people are heard on a priority basis and they can easily get access to justice.”

The laws enacted for the empowerment of persons with disabilities emphasize individual autonomy and dignity, including freedom of choice. The Act emphasizes social inclusion and non-discrimination. The emphasis is on making empowerment effective at the ground level.

Bajaj, who is also a former law clerk of Justice Chandrachud and himself a practising lawyer, made his point borne out of experience. He said: “It has to be made sure that when a disabled person is going to the Supreme Court, he should be able to reach the courtroom on his own and be able to participate in his matter. One aspect of it is that the physical infrastructure of the Supreme Court can be made more disabled-friendly and it is necessary anyways, be it by making ramps, braille signs, etc. They should make sure that all the filings are present in an accessible format. It is important to have them in soft copy that is compatible with disabled friendly software.

“Another thing is that Supreme Court should audit its website to make sure that its digital infrastructure is fully disabled-friendly. When I was a junior under Justice Chandrachud in the Court in 2020-21, he supported me by making a few changes to his website. If in any matter there is a disabled litigant or a lawyer, they are provided with the option of live streaming which also includes video-conferencing so that they are not being jostled around in the courtroom .”

Law study for the blind is equally difficult. There is a paucity of law books in Braille. The study material is voluminous and the task of making it reader friendly for the visually-impaired is tough. Fresh graduates face discrimination in placements and then in professional life as well. It’s a tough world out there for the physically challenged.

Jain himself has faced the handicap, firsthand. He said: “Law study material for the visually challenged was not available at my time and it is still not available. The only difference is that at that time, making the material available in Braille was difficult and now many different colleges have braille printers. Maybe, some can find material in braille there. I think, it is the responsibility of the government to make available the Constitution of India or IPC or subjects like this in braille. The government press should publish it as necessary. In a judgment made by the Supreme Court in Ajay Sood case, Justice Chandrachud stated appropriately that the judgments should also be made accessible. The judgment available on the website should be in such a manner that it is accessible to the screen reader. However, there is a need for more development.”

The Court has always tried to protect the rights of the differently-abled persons. The Constitution as well as the Disabilities Act, 1995, prohibits discrimination in work and in accessing public facilities. Similar pronouncements have been made to promote and protect the rights of this special section. Now that the first phase of the Supreme Court-based committee is being implemented and views from a cross section of people, including several stakeholders, are being elicited, the next logical step would be to put in place new structures to promote access to justice for the differently-abled people.

The Supreme Court has invited people from all walks of life, apart from disability rights experts and the differently-abled themselves, to give suggestions on making the Apex Court more accessible to these people.

The official website of the Supreme Court of India has come up with two sets of questionnaires regarding accessibility of differently-abled.

Chief Justice of India (CJI) D.Y. Chandrachud had constituted a Committee on December 3 last year to conduct a comprehensive accessibility audit of the Supreme Court premises regarding accessibility. 

The audit aimed at ensuring both physical as well as functional accessibility in the justice system and understanding the hardships faced by the persons with disability in their interface with the top court of the country.   

Headed by Justice S. Ravindra Bhat, the Committee recently released the questionnaires to collect inputs from all stakeholders to assess the nature and extent of the problems faced by persons with disabilities in navigating the Supreme Court facilities.

Out of the two questionnaires, the first one sought answers to general questions related to court accessibility, along with questions for those with visual and hearing impairments and locomotive disability. 

The questionnaire sought answers to questions pertaining to website and document accessibility from persons with disability, including lawyers, litigants, law clerks, court staff, legal interns, court journalists, Judges, legal researchers and visitors. 

The questionnaire further sought to ascertain whether the video conferencing and live proceeding facilities extended by the Supreme Court were disabled-friendly and whether VC should be made mandatory in all cases involving disabled stakeholders.

The questionnaire also asked for suggestions from stakeholders whether there should be a special system for cases involving lawyers, litigants, judges, law clerks and interns with disability to facilitate effective access to all facets of a given case.

The second questionnaire sought suggestions from disability rights experts to ensure that the Supreme Court was physically and virtually accessible to all. 

The said questionnaire sought categorical inputs from experts to understand the special challenges faced by women with disability in accessing the Supreme Court. 

Questions were also reflective of the Committee’s efforts to find out the processes that ought to be put in place to train all court staff on disability and inclusion. 

There was also a question regarding the ways in which parking experience could be made more comfortable for persons with disability, who intend to physically access the Supreme Court.

The Madras High Court has observed that the Differently-Abled or Visually-Impaired Persons cannot be equated with Differently-Abled Persons, who are ineligible to get any employment on account of the sickness and infirmity suffered by them.

The Division Bench of Chief Justice Munishwar Nath Bhandari and Justice Sunder Mohan disposed of a petition filed by ‘Nethrodaya,’ an organisation working for the welfare of Differently Abled Community, seeking direction to the Principal Secretary to the Government, Department of Social Welfare (third Respondent) to handover the administration of Differently Abled Pensions Scheme to the State of Tamil Nadu (first Respondent) and the State Commissioner for the Persons With Disability Office of the State Commissionerate for the Differently Disabled (second Respondents) and consequently, directing the Respondents to enhance the maintenance allowance from Rs 1000 to Rs 1500 per month to the visually challenged beneficiaries, on par with other disabled beneficiaries.

The petitioner contended that the second Respondent provides maintenance allowance of Rs 1500 to several Differently Abled Persons with severely affected locomotor, mentally retarded and suffering from leprosy and muscular dystrophy.

Their grievance is that the Visually Impaired Persons, who are also severely disabled, are not treated on par with the other severely disabled persons and only a sum of Rs 1000 is paid as monthly pension to the Visually Impaired Persons.

Further, the Differently Abled Persons, who suffer from visual impairment, are put to extreme hardship because the Scheme is administered by the Social Welfare Department. They are asked to obtain Certificates of Approval from Village Administrative Officers, Revenue Inspectors and Tahsildar to avail the benefits under this Scheme.

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 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.

A.M.Venkatakrishnan, Counsel for the petitioner, submitted that the respondents have violated Article 14 of the Constitution, while making discrimination between the Differently Abled Persons, who are visually impaired and other Differently Abled Persons.

The visually impaired persons are equally incapacitated and suffered from disability. Most of the visually impaired persons are unskilled, illiterates and hence unemployed, who are incapable of earning a livelihood. Hence, they ought to be treated on par with other Differently Abled Persons, who are paid a maintenance allowance of Rs 1500 per month, which has now been increased to Rs 2000 per month.

The learned counsel would further submit that the cost of living for all the persons are one and the same and the discrimination in the quantum of allowance paid to the different categories of Disabled Persons is illogical and unfounded.

S. Silambannan, Additional Advocate General, submitted that the government has taken all steps to alleviate the suffering of all kinds of Differently Abled Persons. The Differently Abled Persons, who are now paid a maintenance amount of Rs 2000 are persons, who are by virtue of their disability, are incapable and ineligible for public employment or any other kind of employment.

They formed a separate class and they cannot be equated with the visually impaired Differently Abled Persons, who are eligible for public employment and other types of employment. The State has provided for several Schemes which attempt to enhance the living condition of all the Differently Abled Persons, including the visually impaired persons, which are enumerated in the Counter Affidavit filed by the third Respondent.

These Schemes are aimed at providing skills, education to the visually impaired Differently Abled Persons so as to bring them on par with normal individuals and provide employment and good standard of living.

While considering the Petition , the Bench observed that the Court cannot direct the Respondents that the Scheme has to be administered only by a particular Department. The grievance of the Petitioner is that the Social Welfare Department is not acting fairly. This is now sought to be addressed by the Government by designating Revenue Divisional Officers in all Districts to look into the grievances of the Differently Abled Persons, who are visually impaired.

In view of the undertaking given by the Additional Advocate General that the Government will designate Revenue Divisional Officers in all Districts to look into the individual grievances , the High Court directed that to the Respondents to strictly adhere to the undertaking given by them before the High Court and ensure that no hardship is caused to the Differently Abled Persons for getting the benefits under the Monthly Pension Scheme.

It is clarified by the High Court that the Differently Abled Persons shall not be put to sufferings merely because the Monthly Pension Scheme is administered by the Social Welfare Department. Therefore, the Respondents shall ensure that no hardship is caused to the Differently Abled Persons and unnecessary formalities are not insisted upon to claim the benefits under the Scheme.

The Court is conscious of the fact that the Differently Abled Persons, who are visually impaired are put to hardship and suffering and there cannot be any doubt on that aspect. At the same time, the Bench cannot ignore the basis on which the Respondents have extended the benefit of the maintenance allowance to specific categories of persons stated above. The basis is that by the very nature of their disability, they are either ineligible or incapable of either public employment or private employment.

It said, “It is not in dispute that the Government has schemes for enhancing the standard of living of the Differently Abled Persons, who are visually impaired. The Additional Counter of the first Respondent dated 10.03.2022 and the Counter Affidavit of third Respondent dated 07.06.2022 has listed out the various Schemes which are available for the benefit of the Differently Abled persons.

“One such scheme provides for unemployment allowance to Visually Disabled Persons. Those who are visually impaired, enrolled with the Directorate of Employment, have passed 10th standard and unemployed for more than one year, are paid allowance Rs 600 per month. Rs 750 per month is paid for a person, who has completed 12th standard. Rs 1000 is paid for Differently Abled person, who is a Graduate.

“It is also not in dispute that the Differently Abled Persons, who are visually impaired, are entitled to public employment and private employment as well. Therefore, the Differently Abled Visually Impaired Persons cannot be equated with Differently Abled Persons who are ineligible to get any employment on account of the sickness and infirmity suffered by them. The basis adopted by the Respondents to treat them differently cannot be faulted,” the Court observed.

The Bench directed that however, in view of the submission of the counsel for the Petitioner that certain persons who are visually impaired are also ineligible for employment on account of other sickness, infirmity and old age, the Respondents may consider the request of those persons to treat them on par with other Differently Abled Persons who are getting the monthly maintenance allowance, on merits and in accordance with law.

Therefore, the Court is of the view that it cannot direct the Respondents to treat all the Differently Abled Persons under Visually Impaired category on par with Differently Abled Persons who are incapable of any employment.

India is one of the countries with a high prevalence rate of persons living with disabilities. The disabled are in every single place from the streets of Delhi to the streets Mumbai. In excessive instances, a few of them are helpless. The Indian government has considered this ugly development with utmost dismay swung into action by enacting laws to protect the rights of persons living with disabilities.

The disabled sometimes do not even know their rights as enshrined in the Indian constitution. It’s within the mild of above that this article will take a look at the rights of disabled persons in India.

Disabled persons can leverage this knowledge to sue any particular person or government entities if they’re discriminated upon or when their rights are breached.

What’s Disability or being Differently-abled?

According to the Oxford Dictionary, a disability could be described as an impairment which can be Intellectual, limitations, cognitive, improvement, sensory, exercise or the mixture of all these. Incapacity impacts a person’s activities and may happen at birth. Sometimes, it could happen in adulthood.

Disability is one topic that has been contested in a number of communities. Persons living with disabilities also should be taken care of just like normal human beings.

The Indian constitution through the Persons With Disability Act, 1995 defines disability under part 2(i) as persons living with low vision, blindness, locomotor disability, leprosy cured, psychological illness, hearing impairment, and mental retardation, among others.

Before we delve into the various rights that persons living with disabilities have, we must talk about the fundamental rights that persons living with disabilities have under the constitution.

THE CONSTITUTION AND THE DISABLED

The Indian constitution little doubt covers all the Indian residents whether or not in good well being or disabled (mentally or bodily). The next is the elemental rights focused in direction of individuals dwelling with disabilities as enshrined within the Indian constitution:

1. The constitution ensures Indian residents, together with persons living with disabilities with the right of expression, religion, belief, justice, worship, equal alternative and standing, in addition to liberty of thought.
2. The Indian constitution under Article 15(1) frowns at the discrimination of citizens (including persons living with disabilities) on the basis of place of birth, sex, race, caste, and faith.
3. Article 15(2) in the same vein frowns on the practice of subjecting the disabled to any type of restrictions or legal responsibility when accessing public restaurants, shops, places of public entertainment, hotels of when using tanks, Wells, and roads.
4. The constitution guarantees persons living with disabilities the right to employment in any workplace without discrimination
5. Article 17 clearly states that no Indian (together with the disabled) shall be handled as untouchable.
6. Article 21 guarantees the right to liberty and lifetime of the disabled
7. Article 23 prohibits the practice of trafficking persons living with disabilities or forceful employment.
8. Article 24 clearly states that no business or factory should make use of persons living with disabilities under the age of 14 years. The Act also prohibits the employment of disabled youngsters in a hazardous situation.
9. Article 25 clearly gives the disabled the right to faith. Persons living with disabilities can choose the place to worship.
10. The constitution also ensures that persons living with disabilities are not compelled to pay taxes in order to maintain any religious group.
11. The Indian constitution guarantees the right to decide on a language, culture or script
12. Persons living with disabilities have the right to approach the Supreme Court to problem a breach of his/her right under Article 32.
13. Persons living with disabilities have the right to vote and be voted for upon attainment of 18 years.

Other than the above 13 fundamental rights that are recognized by the Indian constitution, the following are some other basic rights the disabled enjoy:

1. DISABILITY CERTIFICATE

The disability certificate is one of the most important documents to possess as a person dwelling with disabilities. The document ensures that the disabled enjoy some concessions or benefits. The certificate is issued by the State Medical Boards to persons living with at least 40 % of disabilities. The disabled can go to any hospital for a medical checkup and the proportion of disabilities, after which the disability certificate will be issued. The validity of the certificates is 5 years for temporary disability and lifetime for permanent disability.

2. Prepare Concession

Persons living with disabilities are entitled to coach concession every time they purchase prepare tickets whether or not on-line or throughout the counter. However, the disabled should current a photograph ID for verification. Other documents to current can be found on the web site of the Indian Railways. Persons living incapacity ought to go to the closest Railway Station to avail this profit. After verification, he/she shall be issued with an ID card. This proper can also be relevant to avail bus in some states, supplied the disabled current with the incapacity certificates to the bus conductor.

3. Disability Pension

The structure ensures that disabled persons should take pleasure in disability pension, provided that he/she is above 18, stay under the poverty line, and suffers a disability of more than 80%. This proper comes under the Indira Gandhi National Disability Pension Scheme. Quite a lot of Non-governmental Organization has pursued this course for the disabled with a view that they get their disability pension.

4. Legal Guardianship Certificate

A Legal Guardianship Certificate is required in a situation the place the disabled person can’t take an authorized decision, particularly when suffering from psychological retardation or cerebral palsy. The certificates is issued to a guardian who would take care of the disabled particular person. The guardian can take an legal decision on behalf of the disabled person even after 18 years.

5. Income Tax Concession

Persons living with disabilities also have the right to enjoy earnings tax concession. This right is guaranteed under the Income Tax Act, 1961 sections 80DD & 80U.

6. Employment

The Indian government via the constitution ensures that 3% of the vacant positions in government jobs are reserved for the disabled.

7. The Mental Health Act, 1987

The Mental Health Act, 1987 guarantees the following rights to persons living with disabilities:

1. Persons living with mental disabilities should be admitted and treated in a government-owned hospital, convalescent house, and psychiatric hospital.
2. The right to admit and treat mentally retarded prisoners or minors in a government-owned nursing home or psychiatric hospital.
3. Minors below 16 years, alcohol addict, drug addict, and any person convicted of committing offence all have the right to be admitted and treated in a government-owned psychiatric hospital.
4. Mentally retarded persons are protected by the constitution with the right to receive directed, regulated, and coordinated medical services from government-owned hospitals. The Act established Regulatory agencies both at the state and centre level to license these hospitals
5. The right to receive treatment and care on the above-mentioned hospitals each as a patient and as an out-patient.
6. Mentally disabled persons can seek voluntary medical admission in above-mentioned hospitals. Their guardian can also seek admission on their behalf if they are minors. A go well with can be filed in a Justice of the Peace courtroom to implement this order
7. Safety agencies ought to defend a wandering mentally disabled particular person by taking him/her to safe custody and then inform the relations or strategy a local magistrate with the disabled for the magistrate to pronounce a reception court order.
8. The right for mentally disabled persons to go away from the hospital after recovery.
9. The right to guard and handle the properties of mentally disabled individuals. If they can not handle it themselves, the courtroom would appoint a guardian to handle the properties.
10. The medical bill of mentally disabled persons shall be borne by the government, except in cases where the relatives agree to pay the medical bill.
11. Mentally disabled persons that are being treated have the right to not be subjected to any cruelty or indignity.
12. Mentally disabled persons have the right not to be used for research purposes without their consent.
13. Mentally disabled persons have the right to receive their pension, payment or gratuity from the government. A guardian certified by the magistrate can receive the payment on behalf of the disabled persons.
14. This Act provides the right to obtain free authorized illustration within the occasion that he/she can’t interact with a lawyer.

The Rehabilitation Council of India Act, 1992

The Rehabilitation Council of India Act, 1992 ensures that persons living with disabilities are handled pretty by rehabilitation personnel. The next are among the requirements that should be maintained by rehabilitation officers:

1. Persons living with disabilities should be served by professionally trained rehabilitation officers. The title of pros should be on the register maintained by the Council.
2. The rehabilitation personnel must be qualified and should possess all the required {qualifications} to be appointed
3. The rehabilitation personnel should work with the best stage of professionalism, else the officer could also be sanctioned and his/her name removed from the Council’s register.
4. The government should properly regulate the career of rehabilitation officers.

 CONCLUSION

The rights of the disabled are an important topic as a result of so many disabled persons have no idea their rights. The Rights of Persons With Disability Bill, 2014 which is currently before the Rajya Sabha is a modification from the existing Persons With Disabilities Act, 1995. The federal government intends to strengthen the existing laws. One noticeable change within the new invoice is that the previously acknowledged 7 classes of disabled persons have been elevated to 19. As well as, there are plans by the Central authorities to introduce an identification card for use by persons living with disabilities for identity throughout the nation. Persons living with disabilities can sue anybody or government agencies if their rights are breached.

The Delhi High Court on Tuesday has issued notice to the Delhi University on a plea seeking directions to make available educational instructions to specially-abled students in the same manner as they have been made abundantly available to other students.

A two-judge bench of Justice Hima Kohli and Justice Subramonium Prasad was hearing a petition filed by two law students from Delhi University Prateek Sharma and Diksha Singh, who have submitted that the open book online examination notification of Delhi University and the academic calendar notification/ guidelines issued by UGC on 30th of April 2020 does not provide any material or guidelines on how to conduct the examinations of specially-abled students.

The petitioners have filed an application seeking impleadment of Delhi University as a party respondent in the main writ petition which stated that the Central Government has not issued any notification or guidelines to provide specially-abled students with educational material and instructions that are being disseminated through universities, schools and colleges to other students.

The petitioners have submitted that the conduct of open book examination for specially-abled students is based on two important requirements, first of which is the availability of books in manner that can be accessed by specially-abled students and secondly the availability of complete set of instructions on the conduct of examination which are available to other classmates.

The petitioners have further stated that the notification of the conduct of online examination by the Delhi University without providing the specially-abled students with the same education and instruction would amount to segregation and therefore institutionalizes discrimination.

Hence, the petitioners urged the Court to pass an order staying the online open-book examination.

The bench today allowed the impleadment of Delhi University and University Grant Commission (UGC) and has listed the stay application on the next date of hearing on June 24.

The bench further dissatisfied with the reply filed by Ministry of Human Resource Development and Ministry of Social Justice and Empowerment has directed the said respondents to file a detailed report on the steps taken on the issue within a period of 2 weeks.

-India Legal Bureau

The Allahabad High Court on Thursday has issued notice on the Public Interest Litigation seeking directions to all the schools affiliated with C.B.S.E to waive off the fee of the special need children/ the children covered under the benchmark disabilities provided under the Disabilities Act, 2016.

The PIL was filed before the High Court by a student of 3^rd Class studying in Amit International School, Lucknow through his father, wherein the petitioner is differently abled children and his speech and other developments are delayed due to autism which comes under the benchmark disability provided under the benchmark disability Act, the petitioner stated that he is getting several therapies at different therapy centres for his speech and other developments.

It was further mentioned in the petition that due to COVID-19 infection, the government of India directed to close all schools and due to lockdown the petitioner’s school started online classes to all the students and also added the name of the petitioner for the online classes, whereby because of the petitioner’ s development disorders, he could not attend the online classes. Thereafter, the school sent several messages to the petitioner’s parents’ mobile phones to deposit the fee from the month of lockdown till the closure period of the school.

The petitioner submitted that there are thousands of the children in Lucknow City who are suffering from several disabilities related to development / mental and they are unable to attend the online classes and he further added that to resolve the problems of the differently abled children, the inclusive Education Act named as “The Rights of Persons with Disabilities Act, 2016 came into force which provides several facilities, like special educator and other aid to these kind of students at the school.

Acting upon the plea, the division bench of Justice Pankaj Kumar Jaiswal & Justice Saurabh Lavania had taken up the matter through videoconferencing, and issued notice to respondent school through e-mail, WhatsApp or SMS.

-India Legal Bureau

A Division Bench of the High Court comprising of Justice Hima Kohli and Justice Subramonium Prasad issued notice to the Ministry of Human Resource Development and Ministry of Social Justice and Empowerment and has asked them to submit a counter affidavit within 5 days.

The Petitioners appeared in person and sought for an interim relief that the mid-term evaluation as per the UGC guidelines be stayed till guidelines and mechanism is set-up.

The petition filed by Prateek Sharma and Diksha Singh, stated that due to Covid-19 outbreak, universities, schools, colleges and other educational institutions have started teaching online, but the Government has made no efforts to consider the need of the visually impaired and individuals with auditory impairment.

According to petitioners, directions need to be issued to the Government, whose nonchalant attitude has worsened the educational conditions to provide adequate steps and undertake measures to facilitate online learning and online examinations and examinations being conducted – including mid-semester evaluation and/or continuous evaluation as per the UGC guidelines.

The petition stated that the current educational system with no effective mechanism for imparting education to the individuals with visual and auditory impairment is discriminatory and also operates as a hurdle in educational endeavors and aspirations these people.

According to the petitioners, its the duty of the State to ensure that effective teaching methods are provided and the burden of learning should not fall on the visually impaired and specially-abled individuals

The respondent Government has been asked to state the steps that have been taken in this regard in 5 days and the Petitioners have been asked to file a reply within three days. The matter is scheduled to be listed on  2nd June 2020.

-India Legal Bureau