Court Orders

Reservation at NLSIU

Here is some good news for the physically challenged. The National Law School of India University (NLSIU) has agreed to reserve 3% seats for people with disabilities (PWD) from 2008.

“For the first time, we are having the common admission law test for seven law schools in the country this year. The reservation for the PWD students will be effected from this academic year itself,” NLSIU director, A Jayagovind said.

NLSIU's decision is significant because the university had so far argued that since it was not substantially funded by the government and since it was a self–financing university, it was not bound by the PWD Act. In 1998, the Karnataka HC had held that since NLSIU was neither a government educational institution nor was it receiving any aid from the government, it was not required to provide reservations under the Act. Since 1998, NLSIU has been reserving seats only under SC/ST category and not under the PWD category.

Subsequently, following a petition in the SC, the state commissioner of persons with disability sent a notice to the university asking why no seats are reserved for PWD candidates as mandated under Section 39 of the PWD Act. The university appointed a committee headed by Justice Rama Jois, former Chief Justice of Punjab and Haryana HC, to examine the feasibility of providing reservations.

The university admits 80 students every year.

Source: Now, 3% reservation for disabled in law school, The Times of India, Mumbai, 24 January 2008.

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Guidelines for Airlines

The Centre is planning to issue necessary directions to all airlines in the country to ensure a barrier free environment for disabled passengers in airport as well as aircraft,

Responding to a public interest litigation petitions filed by L.K. Venkat, who highlighted an incident wherein a physically disabled person, Rajiv Rajan, was not allowed to board an Air Sahara plane, the Centre said: “Civil Aviation Requirement (CAR) on the subject 'carriage by air of stretcher–borne passengers' already exists. This CAR is being suitably amended in consonance with the Persons with Disabilities (Equal Opportunities Act) and necessary directions are contemplated to be issued to all the airliners.”

When Assistant Solicitor–General P. Wilson submitted the counter and the amended CAR before a Division Bench, comprising Justice K. Chandru, the Judges sought to know as to what was the airlines' explanation for the incident highlighted in the petition.

They then ordered notice to Air Sahara, and adjourned the matter for three weeks. The counter, filed by the Director of Airworthiness at Chennai Airport, K.S. Balasubramanian, said the Person with Disability Act 1995 was being implemented in the civil aviation sector and there was no discrimination against any disabled person. Both airport and aircraft had suitably been designed to ensure that the disabled persons had easy access to toilets and other amenities, it said.

He said the alleged incident, involving Rajiv Rajan, was not brought to the knowledge of the authorities.

The amended CAR, defining the physically challenged passengers, said all operators engaged in scheduled and non–scheduled air transport services for carriage of passengers should comply with the requirements. No airline should refuse to carry physically challenged or incapacitated persons or persons with disabilities if they did not pose a threat to the safety of other passengers, their property, aircraft or the crew, it said.

The airlines must conspicuously display a placard informing the passengers with disabilities could contact for special assistance.

Programme for staff: The airlines should run programmes for their staff for every three years and they should be entrusted with the responsibility of assisting the disabled persons.

Among other facilities, the amended CAR stated that except in specific instances no medical clearance or special forms should be required for such physically disabled or incapacitated passengers, who only required special assistance.

Source: Directions to airlines to ensure barrier–free environment for disabled, The Hindu, Chennai, 24 January 2008.

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Public spaces to be made accessible

Disposing of a public interest petition, Delhi High Court asked the Central and state governments to work towards making all public places, including hospitals, railway stations and airports, disabled–friendly.

The PIL was filed after activists observed how the promptly the government erected temporary disabled ramps for the visit by famous physicist Stephen Hawking to tourist places in the capital. At the same time, it was oblivious to the daily plight of the common sufferer. Filed by Javed Abidi, an activist for disabled persons, it sought directions to the Centre as well as NCT government to make all public places disabled friendly.

The Bench in its order directed the government to construct an adequate number of ramps for disabled persons in public buildings and monuments, install proper audio systems in all public places, including roads and construct specially–built toilets for disabled persons.

Source: Court orders govt to get disabled–friendly, The Hindu, New Delhi, 22 January 2008.

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AIIMS to reinstate PCO booth

The Delhi High Court has directed the All–India Institute of Medical Sciences to allow a physically–challenged PCO telephone booth operator to resume his business on its premises.

The Court directed the AIIMS administration to restore the PCO booth to the physically–challenged petitioner, Dalip Kumar Chadha. It had evicted him from the premises in 2005, saying that he did not have the documents to support ownership of the booth. However, the Court dismissed the contention saying that having not disputed the petitioner's claim to the booth for more than two decades, it would be iniquitous of the AIIMS to contend that he did not have the documentary evidence in support of his claim to ownership of the booth.

The Court also pulled up the AIIMS administration. Justice Rabindra Bhatt of the Court observed: “The action of the AIIMS administration is indefensible.”

The Department of Post and Telegraph had allotted the booth to Chadha in 1981 on the AIIMS premises under a scheme for the physically–challenged.

Chadha had initially challenged his eviction from the premises before the Chief Commissioner for Disabilities. The Chief Commissioner had allowed his plea and asked the AIIMS administration to allow him to operate his booth. The AIIMS administration had challenged the Chief Commissioner's order in the High Court.

Source: AIIMS told to restore livelihood of disabled, The Hindu, New Delhi, 26 January 2008.

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