Advancing Accessibility and Equality for Persons with Disabilities in India

Context:

• The Court of Chief Commissioner of Persons with Disabilities in India delivered two landmark judgments that are poised to reshape attitudes towards Divyangjan (persons with disabilities in India) on a large scale.

Indian Supreme Court Directs Airlines to Enforce Rights of Persons with Disabilities Act 2016

• Additionally, the Court emphasized that all airlines, whether Indian or foreign, operating in the country are responsible for implementing the provisions of the Rights of Persons with Disabilities Act 2016, specifically outlined in sections 40 and 41, along with relevant rules and instructions.

Case No. 14580/1101/2023: 

• Ensuring Accessibility for Divyangjan in Government Offices:  The Court mandated that any government office in the country, be it at the central, state, or local government level, operating from buildings or premises that are not accessible to Divyangjan, must relocate their services to the ground floor or another accessible location within the same facility.
• Significance: This decision underscores the commitment to ensuring equitable access to government services for all citizens, including those with disabilities in India.

Case No. 14061/1141/2023: 

• Addressing Discrimination Against Individuals with Disabilities in Aviation: In response to a complaint regarding the ill-treatment of a person with Autism, at Bangalore Airport by Sri Lankan Airlines, the Court took Suo moto cognizance. 
  • The Court’s findings revealed a lack of awareness and sensitivity towards the needs of individuals with disabilities on the part of airline employees and the Directorate General of Civil Aviation (DGCA). 
• Furthermore, the Court highlighted that Sri Lankan Airlines’ policy, if it necessitates medical clearance for select categories of persons with disabilities before boarding a flight, is inconsistent with global Civil Aviation Requirements.

Navigating Disability: Legal Frameworks and Definitions for Persons with Disabilities in India and the UN CRPD

• Rights of Persons with Disabilities Act, 2016 defines “Person with Benchmark Disability” as “A person with not less than 40% of a specified disability”
• The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines “Persons with disabilities in India include those people having long term physical, mental,  intellectual or  sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others“.

News Source: PIB

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