S.C issues directions on three issues relating to disabled rights :
IN THE SUPREME COURT OF INDIA
CIVIL
ORIGINAL JURISDICTION
WRIT
PETITION (CIVIL) NO. 292 OF 2006
DISABLED
RIGHTS GROUP & ANR. .....PETITIONER(S)
VERSUS
UNION
OF INDIA & ORS. .....RESPONDENT(S)
WRIT
PETITION (CIVIL) NO. 997 OF 2013
Three issues are
raised in this petition which is filed in public interest, for the benefit of
persons suffering from ‘disability ’ as per the definition contained in the
Persons with Disabilities (Equal Opportunities,Protection of Rights and Full
Participation Act) 1995 (hereinafter referredto as the ‘Disabilities Act,
1995’) which now stands repealed and is replaced by the Rights of Persons with
Disabilities Act, 2016 (hereinafter referred to as the ‘Disabilities Act,
2016’).
The first issue
related to the non-implementation of 3% reservation of seats in educational
institutions as provided in Section 39 of the Disabilities Act, 1995 and
Section 32 of the Disabilities Act, 2016.
Second equally
important issue raised in this petition, which is intimately connected with the
first issue, is to provide proper access to orthopedic disabled persons
so that they are able to freely move in the educational institution and access
the facilities.
Third issue pertains
to pedagogy i.e. making adequate provisions and facilities of teaching for
disabled persons, depending upon the nature of their disability, to enable them
to undertake their studies effectively.
S.C's Directions issued:
[i]While dealing with
the issue of reservation of seats in the educational institutions, we have
already given directions in para 8 above that the provisions of Section 32 of
the Disabilities Act, 2016 shall be complied with by all concerned educational
institutions. In addition to the directions mentioned therein, we also direct
that insofar as law colleges are concerned, intimation in this behalf shall be
sent by those institutions to the Bar Council of India (BCI) as well. Other
educational institutions will notify the compliance, each year, to the UGC. It
will be within the discretion of the BCI and/or UGC to carry out inspections of
such educational institutions to verify as to whether the provisions are
complied with or not.
(ii) Insofar as
suggestions given by the petitioner in the form of “Guidelines for
Accessibility for Students with Disabilities in Universities/Colleges” are
concerned, the UGC shall consider the
feasibility thereof by constituting a Committee
in this behalf. In this Committee, the UGC would be free to include persons
from amongst Central Advisory Board, State Advisory Boards, Chief Commissioner
of State Commissioners appointed under the Disabilities Act. This Committee
shall undertake a detailed study for making provisions in respect of
accessibility as well as pedagogy and would also suggest the modalities for
implementing those suggestions, their funding and monitoring, etc. The
Committee shall also lay down the time limits within which such suggestions
could be implemented. The Expert Committee may also consider feasibility of
constituting an in-house body in each educational institution (of teachers,
staff, students and parents) for taking care of day to day needs of differently
abled persons as well as for implementation of the Schemes that would be
devised by the Expert Committee. This exercise shall be completed by June 30,
2018.
(iii) Report in this
behalf, as well as the Action Taken Report, shall be submitted to this Court in
July, 2018. On receipt of the report, the matter shall be placed before the Court.
15th
December ,2017
Supreme Court of
India
