Landmark Judgment on Disability Rights: Supreme Court Directs Educational Reforms
The Supreme Court of India, in the case of Disabled Rights Group & Anr. vs. Union of India & Ors., delivered a historic judgment addressing the rights of persons with disabilities in educational institutions. The petition was filed as a Public Interest Litigation (PIL) seeking enforcement of provisions under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, later superseded by the Rights of Persons with Disabilities Act, 2016.
The case highlighted critical issues such as reservation of seats in educational institutions, ensuring physical accessibility, and making teaching methodologies inclusive for persons with disabilities. The Supreme Court, in a judgment delivered by Justice A.K. Sikri and Justice Ashok Bhushan, issued a series of directives aimed at ensuring compliance with disability rights in educational institutions.
Key Issues Addressed in the Case
- Implementation of the 3% reservation policy (later increased to 5%) for persons with disabilities in educational institutions.
- Ensuring physical accessibility in schools, colleges, and universities.
- Providing pedagogical support such as Braille materials, sign language interpreters, and other necessary aids.
- Ensuring compliance with the provisions of the Rights of Persons with Disabilities Act, 2016.
Arguments Presented by the Petitioners
The petitioners contended that despite clear legal provisions mandating reservation for persons with disabilities, many educational institutions were not complying. They argued:
“Notwithstanding the same, grievance of the petitioner is that the educational institutions have not been adhering thereto.”
Further, they emphasized the importance of making campuses fully accessible:
“Without that, physically handicapped persons would not be able to avail and utilize the educational opportunity in full measure.”
Response from the Government and Educational Institutions
The respondents argued that steps were being taken to improve accessibility and implement reservation policies. However, the Supreme Court noted that mere assurances were not enough, and strict compliance was necessary.
Supreme Court’s Observations
The Supreme Court held that institutions must strictly comply with reservation laws and accessibility norms. The judges emphasized:
“The educational institutions covered by this provision are not only the Government institutions of higher education but all those higher education institutions which are receiving aid from the Government.”
It further stated:
“The unpreparedness of institutions to make their campuses accessible is an unacceptable barrier to education for disabled persons.”
Final Judgment and Directives
The Supreme Court issued the following directives:
- All institutions must ensure 5% reservation for persons with benchmark disabilities as per the Rights of Persons with Disabilities Act, 2016.
- Universities and colleges must submit annual reports on the number of students admitted under disability reservations.
- Institutions must modify their infrastructure to be disability-friendly, including ramps, elevators, and Braille signage.
- Teaching methodologies must be adapted to be inclusive, ensuring availability of necessary aids.
- The University Grants Commission (UGC) must monitor and enforce compliance.
This landmark judgment is a step forward in ensuring equal educational opportunities for persons with disabilities. It reinforces the judiciary’s commitment to upholding disability rights and promoting an inclusive society.
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Download Judgment: Disabled Rights Grou vs Union of India & Ors Supreme Court of India Judgment Dated 15-12-2017.pdf
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