Week of 2nd December, 2024
Disability Rights Works
Judgment on Discriminatory Behavior by Bank Officials (2nd December 2024)
The Goa High Court delivered its judgment concerning a directive issued by the Goa State Commissioner for Persons with Disabilities (SCPD) against a bank official accused of discriminatory behavior towards the caregiver of a disabled individual. Mission Accessibility, representing the SCPD, argued that the directive was necessary to enforce disability rights. However, the Hon’ble High Court ruled that the SCPD’s powers are limited to issuing recommendations. As such, the directives requiring the official to undergo training at a special school, the bank to conduct mandatory training, and issue an apology were set aside.
Supreme Court Hearing on Visually Impaired Judicial Candidates (3rd December 2024)
MA assisted Senior Advocate Gaurav Agarwal and Dr. Sanjay Jain in the suo motu proceedings initiated by former Chief Justice D.Y. Chandrachud’s bench. The matter pertained to the exclusion of visually impaired individuals from judicial posts in the subordinate judiciary.
The bench, comprising Justices Pardiwala and R. Mahadevan, sought to clarify several legal questions, including:
1. The distinction between exclusion and the denial of reservation for persons with disabilities (PwDs).
2. The constitutional scope for Supreme Court intervention in recruitment processes governed by High Courts.
3. The reasonableness of excluding visually impaired candidates.
Mr. Agarwal emphasized the significance of the Rights of Persons with Disabilities (RPwD) Act, reasonable accommodations, and the overturning of the V. Surendra Mohan judgment by the Vikash Kumar case. After detailed arguments, the Court reserved its judgment.
Bombay High Court Victory: Admission of Dr. Gauri Vivekanand (3rd December 2024)
The Bombay High Court ruled in favor of Dr. Gauri Vivekanand, a candidate with 60% visual impairment, who had been excluded from pursuing NEET-PG. Following an evaluation by Dr. Satendra Singh, the Court affirmed her capability to pursue community medicine. Her admission to Seth GS Government Medical College was subsequently confirmed.
Supreme Court Directives on CLAT PG and AIBE Accommodations (5th December 2024)
MA represented three visually impaired students seeking to write the CLAT PG and AIBE exams using computers. In response to earlier directions, the CLAT Consortium proposed permitting non-law undergraduate scribes. However, the Supreme Court emphasized the need for a comprehensive policy to prevent recurring litigation, directing the Consortium to submit the policy within four weeks.
Regarding the AIBE, the Bar Council of India’s (BCI) interim solution allowed candidates to read exam material on computers but required them to use scribes for answering. MA highlighted the inadequacies of this approach, including restrictions on keyboard usage and insufficient preparation time. The Supreme Court agreed, directing the BCI to procure JAWS screen readers for the candidates and called for accessible pleadings in disability-related cases. MA is assisting the Supreme Court registry in formulating a framework for accessibility.
High Court Matters on Disability Rights (5th December 2024)
Accessibility for Cerebral Palsy Candidates
The Delhi High Court issued notice in the case of Harshdeep, a law student with cerebral palsy, who struggled with exams due to disability-induced poor handwriting. The matter was renotified for 10th December 2024.
Film Accessibility
MA filed writ petitions concerning the lack of accessibility features in films and OTT content:
‘Pushpa 2: The Rule’: Following MA’s filing, the producer announced the use of Greta technology for accessibility. However, concerns remain regarding language availability and systemic issues like inaccessible ticket-booking platforms. The court issued notice and listed the matter for 21st January 2025.
OTT Content: Inaccessibility of captions and audio descriptions in films like Stree 2 and Auron Mein Kahan Dum Tha was raised. The court directed Amazon to collaborate with producers to address these issues, with the next hearing on 19th December 2024
Supreme Court and High Court Hearings (6th December 2024)
Medical Aspirants with Disabilities
In the Supreme Court, Kabir Paharia’s case concerning his exclusion from pursuing MBBS was listed. Kabir, who has partial hand growth, had earlier lost his case in the High Court. MA submitted recent precedents and evaluations in his favor.
Rapido Accessibility
MA’s writ petition against Rapido for its inaccessibility was heard. The company reported an ongoing audit, while the Ministry of Road Transport and Highways (MoRTH) announced efforts to draft sector-specific accessibility guidelines. The matter was renotified for March 2025.
Judicial Service and Medical Service Candidates
Two other matters, one involving a visually impaired judicial candidate from Rajasthan and another concerning a hearing-impaired candidate for the Combined Medical Services, were renotified for January 2025.
Human Rights Work:
Contractual Employees of DCW
On 6th December 2024, MA’s writ petition on behalf of Delhi Commission for Women (DCW) contractual employees, who have been unpaid since November 2023, was listed. The DCW assured the court that salaries up to July 2024 would be disbursed within 10 days.
EWS Category Students
MA pursued a contempt case concerning children in the Economically Weaker Section (EWS) category, who were denied essential entitlements such as books and uniforms. The Delhi High Court granted the school and education department an additional week to ensure compliance.