Judicial Advancements in Upholding Rights of Disabled Persons in India
The Census of 2011 documents that 2.1% of India's populace is disabled. Despite existing legal frameworks designed to safeguard this demographic, a considerable disparity persists between legislative intent and practical implementation. Nonetheless, significant judicial interventions have aimed to ameliorate this discrepancy.
A seminal case in this context is National Federation of Blind v. Union Public Service Commission and Ors. (1993). In this judgment, the Supreme Court mandated that the Central Government and UPSC permit visually impaired candidates to partake in the civil services examination using Braille or a scribe, thereby setting a critical precedent for equitable access in public employment.
The promulgation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, constituted a pivotal legislative development. This statute sought to dismantle barriers and facilitate the integration of disabled individuals into the societal mainstream, with an emphasis on protection, medical care, education, training, employment, and rehabilitation. The Supreme Court, in Javed Abidi v. Union of India & Ors. (1998), reaffirmed these objectives, underscoring the necessity for an infrastructure that supports disabled individuals.
The Finance Act of 2003 introduced Sections 80DD and 80U to the Income Tax Act, 1961, which provided essential tax deductions for disabled persons and their dependents, thereby offering much-needed financial support to families managing disabilities.
India's ratification of the United Nations Convention on the Rights of Persons with Disabilities in 2007 further enhanced legal protections, culminating in the enactment of the Rights of Persons with Disabilities Act, 2016, and the Mental Healthcare Act, 2017.
In Rajive Raturi v. Union of India and Others (2017), the Supreme Court accentuated the constitutional right to dignity for disabled individuals, mandating the provision of facilities to ensure a level playing field and meaningful societal participation. Furthermore, in Aseer Jamal v. Union of India and Ors. (2018), the Supreme Court directed that equal access to information under the RTI Act be ensured for visually impaired individuals, highlighting the necessity of accessible information dissemination.
Most recently, Chief Justice DY Chandrachud instituted the Supreme Court Committee on Accessibility, charged with auditing the Supreme Court's premises and practices to ensure accessibility for the disabled, thereby demonstrating a robust commitment to ensuring equal access to justice.
These judicial pronouncements and legislative measures collectively signify the progress made by the judiciary in safeguarding the rights of disabled individuals in India, thereby advancing towards an inclusive and equitable society.
