Week of 18th November 2024
Disability Rights Work:
1. Stray Animal Attacks on Persons with Disabilities
On Monday, 18th November 2024, the Delhi High Court heard a matter concerning attacks by stray animals on persons with disabilities (PwDs). Mission Accessibility highlighted that the meetings chaired by the Chief Secretary of the Delhi Government, while positive, lacked clear action plans, timelines, and accountability. Recognizing this concern, the Court directed the Chief Secretary to submit an Action Taken Report, detailing assigned responsibilities and timelines to mitigate such incidents. Additionally, the Court instructed the Department of Empowerment of Persons with Disabilities (DEPwD) and the Department of Animal Husbandry in the Union Government to provide a status report on establishing a national framework for the use of service animals in India
2. Matters Before the High Court of Judicature at Bombay
On Thursday, 21st November 2024, Mission Accessibility participated in three disability rights cases listed in the Bombay High Court:
Case of Suyash Patil: This case involved a medical aspirant disqualified from pursuing an MBBS degree due to his hearing impairment. MA informed the Court that a critical medical report, previously ordered by the Court, appeared to have been misplaced. Consequently, the Court directed its registry to locate the report and provide an update.
Exclusion of a Visually Impaired Postgraduate Medical Aspirant: The second case concerned a visually impaired individual who was denied the opportunity to pursue postgraduate medical education. The Court directed the National Medical Commission (NMC) to explore options for reassessment of the petitioner, ensuring the use of assistive devices and reasonable accommodations.
Authority of the Goa SCPD: The third case dealt with the Goa State Commissioner for Persons with Disabilities (SCPD), which had issued directives to a bank and its officials following discriminatory behavior against the caregiver of a person with intellectual disabilities. The Bombay High Court deliberated on whether the SCPD possessed the authority to issue binding directions, as opposed to mere recommendations. Mission Accessibility, representing the SCPD, argued that the directives were within the commission’s jurisdiction and essential for enforcing disability rights. The Court has reserved its judgment on this issue.
3. Visually Impaired Law Student’s Case in Supreme Court: On Friday, 22nd November 2024, Mission Accessibility appeared before the Supreme Court on behalf of three visually impaired law students seeking accommodations in their postgraduate law examinations. The students requested the use of computers and non-law undergraduate scribes from other streams, both of which had been denied. The Court indicated a favorable stance, agreeing in principle to allow non-law undergraduate scribes for the upcoming examination on 1st December 2024. A decision on the use of computers is expected soon.
Human Rights Work:
EWS Entitlements for Students
On Monday, 18th November 2024, the Delhi High Court heard a case filed by Mission Accessibility concerning the denial of Economically Weaker Section (EWS) entitlements to three students at a private school. The Court noted that most eligible students had received their benefits and expressed reluctance to delve further into the matter. MA is preparing a fresh application to address the unresolved issues.
Unpaid Salaries for Women Employees
Mission Accessibility also filed a petition on behalf of approximately 10 women employed on a contractual basis with the Delhi Commission for Women. These employees have not received their salaries since November 2023, prompting urgent legal action to secure their rightful dues.