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Tag: Case review

The Right to Reasonable Accommodations of Persons with Disabilities

Posted in Accessibility, Case Review, and Disability Support

Recently, in the case of Vikash Kumar vs Union Public Service Commission, the Honorable Supreme Court spoke about the role and value of reasonable accommodations for persons with disabilities. In relevant part, the Court stated as follows: “35 The principle of reasonable accommodation captures the positive obligation of the State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society. … The concept of reasonable…

Persons with Blindness can’t be Judges – Says Supreme Court

Posted in Case Review, Disability Support, and Employement

In this case, the Supreme Court had to address the validity of rules and orders that limited appointment of civil judges and district judges to persons with partial blindness (between 40-50 percent of blindness). In the case, a person with seventy (70) percent blindness was denied appointment as a judge because he was more than fifty (50) percent blind, the specified outer limit. Surprisingly, the Supreme Court came to the conclusion in the case that…

Applicability of Disabilities Act to Private Companies and Establishments

Posted in Case Review, Disability Support, and Employement

In a case involving termination of an employee owing to disability by a private company, the Supreme Court held that the 1995 Act does not apply to private companies and establishments. It only casts responsibilities on, and provides rights against the Government and Government companies. Though this judgment is not completely relevant after the enactment of the Rights of Persons with Disabilities Act, 2016, the judgment will be useful for interpreting the meaning of Establishment…

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