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Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility

26Feb

By The Legal ChamberNo Comments

Supreme Court

Rights of Persons with Disabilities Upheld: Supreme Court’s Landmark Judgment on Exam Accessibility

In this judgment, the Supreme Court affirmed that the constitutional guarantee of equality under Articles 14 and 21, read with the Rights of Persons with Disabilities Act, 2016, mandates substantive inclusion, not mere formal equality. The Court directed the UPSC to implement accessible examination processes, including screen reader software and flexible scribe registration, ensuring that rights for persons with disabilities are enforceable realities. Facts Of The Case: The writ petition was instituted by Mission Accessibility, an organization dedicated to advancing the rights of persons with disabilities, seeking enforcement of their rights under the Constitution of India and the Rights of Persons with Disabilities Act, 2016. The primary grievances pertained to the Civil Services Examin...

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...

Accessibility is a Right, Not a Charity: Supreme Court’s Powerful Ruling on Disability

This Supreme Court judgment establishes a comprehensive monitoring framework, "Project Ability Empowerment," to audit state-run disability care institutions nationwide. It directs compliance with the Rights of Persons with Disabilities Act, 2016, emphasizing substantive equality, accessibility, and community living. The Court also mandates a review of reservation policies to include "upward movement" for meritorious disabled candidates. Facts Of The Case: The litigation originates from two consolidated petitions. The first, a 1998 Writ Petition by the Justice Sunanda Bhandare Foundation, sought the enforcement of the Persons with Disabilities Act, 1995, specifically demanding the implementation of reservation for persons with visual disabilities in teaching posts. The second case began a...