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Month: August 2020

Indian IP Office and Accessibility for Persons with Disabilities

Posted in Accessibility, Announcements, and Disability Support

One of the biggest issues in modern societies is perhaps a growing sense of apathy towards fellow human beings. Intellectual property as a field has not been untouched by this issue. The Marrakesh treaty for instance since it was first put forward, has garnered only 70 signatories till date out of the 190+ member states that form part of the WIPO. This post however does not intend to deal with or question the aforementioned issues…

The Right to Independent Living

Posted in Accessibility, and Disability Support

In issues handled by the Disability Law Group of the Cane Foundation, one question that often props up is whether persons with disabilities have a right to live independently. This question is primarily pertinent in community settings when persons with disabilities seek facilities for living life free from barriers placed by the society. The Indian law on disability, which is based on the UN Convention on the Rights of Persons with Disabilities does not specifically…

Reservation for PwDs extends to Promotion – Says Supreme Court

Posted in Accessibility, Case Review, and Disability Support

In a case decided in January, 2020, the Supreme Court held that reservations provided under the 1995 PwD Act extend to promotions as well. Question which arose in this case was whether persons, governed under “The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” (PwD Act), can be given reservation in promotion. The Court answered the question in the affirmative. While doing so it cited Indra Sawhney, Rajeev Kumar and…

Are IIMs Complying with RPWD Act?: Data on Faculty Members with Disabilities at Institutes of National Importance

Posted in Accessibility, and Disability Support

A volunteer of the Cane Foundation, Mr. Madhava Rao, took up a study on compliance of IIMs with the Rights of Persons with Disabilities Act from the faculty hiring perspective. He filed RTI applications to  all Indian Institutes of Management which are designated as Institutes of National Importance, in order to understand how many of their faculty members staff are persons with disabilities, and whether they have disability policies to govern their approach to persons…

Accessible Housing for Persons with Disabilities: The Role of Communities

Posted in Accessibility, and Disability Support

The Right to accessible housing for persons with disabilities has been recognized under the International Convention on Economic, Social and Cultural Rights (ICESCR) and the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) in which India is a member state. In furtherance of its membership to UNCRPD, India enacted the Rights of Persons with Disabilities Act, 2016 (RPD Act), which recognizes the importance of accessible housing in the preamble itself.  The RPD Act…

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