Latest news with #DisabilitiesAct
Time of India
3 days ago
- Politics
- Time of India
Govt should ensure disabled-friendly infra in public places, rules Kerala HC
Kochi: High court, in a significant judgment, held that the state govt must ensure that infrastructure facilities in public places are accessible to persons with disabilities, and observed that if the govt fails to provide such facilities, a govt servant cannot be compelled to work in a manner that goes against their physical ability. Tired of too many ads? go ad free now The court was considering a petition filed by the state challenging the Kerala Administrative Tribunal's (KAT) order allowing an interdepartmental transfer to T Rajeev, a senior grade typist in the motor vehicles department (MVD), Thrissur, on account of his physical disability, and dismissing the decision to reduce his salary. Rajeev had sought a transfer to the irrigation department, citing his inability to climb the upper floor of the building where the MVD office is located. He requested to be appointed as an LD typist in the irrigation department's Thalappilly subdivision office, which functions from the ground floor of the same building. The govt rejected his application, prompting him to approach the KAT, which in 2020 directed consideration of his request in light of the provisions under the Rights of Persons with Disabilities Act, 2016. While the govt subsequently permitted the transfer, it reduced his salary from that of a senior grade typist to that of an LD typist, despite his claim to the higher scale. This led to further litigation, and the tribunal held that Rajeev was entitled to retain his original salary, and any reduction would violate the provisions of the Disabilities Act. The state then moved HC against the tribunal's orders. Examining the matter, HC observed that it was the govt's statutory duty to provide a physical environment conducive to Rajeev's abilities. Instead of addressing the issue, it was Rajeev who found a practical solution by seeking an interdepartmental transfer. Tired of too many ads? go ad free now HC emphasised that the govt cannot abdicate its responsibility under the Disabilities Act. The division bench set aside the interdepartmental transfer. It clarified that Rajeev cannot be forced to take the staircase to the upper floor and must be provided with a working environment suitable to his condition. The court also directed the state to issue appropriate orders within a month and continue paying Rajeev the salary he is entitled to.
Indian Express
3 days ago
- Indian Express
Story of murder ‘fabricated': In a first, Gujarat special court under Disabilities Act acquits hearing and speech impaired accused
In a first of its kind trial in Gujarat by a special designated court under the Disabilities Act, 2016, a 35-year-old hearing and speech impaired accused was acquitted in connection with a 2023 murder case of a 40-year-old woman, after appointing special officers for sign language and Tamil translations to assist the court in explaining the procedure to the accused. Acquitting the accused, Shivachandra Tamil, the court held that the prosecution case that the accused — a vagabond had allegedly murdered the victim after she refused to give in to his advances — was a 'fabricated and baseless' story. As per the prosecution's case, the decomposed body of an unidentified woman was found near the railway track of Sabarmati Railway station on May 31, 2023. The Ahmedabad railway police picked up the accused on June 2, 2023 and his confessional statement was recorded in the form of a discovery panchnama of the alleged murder weapon, dug beside where he used to sleep. The prosecution sought to examine 18 witnesses to prove the case based on the charge that the accused had demanded a physical relation with the victim — also deaf and mute — on the night of the alleged crime and when the victim denied, the accused allegedly attacked her, inflicted brutal blows on her abdomen with a knife and killed her. Observing that the deposition of the sign language expert and mediator, Ashwin Vegda, taken on by the Ahmedabad Railway police to question the accused 'was contradictory' to the claims made by the investigating officer in his testimony, the court order stated that 'it appears that in order to detect a crime in his jurisdiction, (the investigating officer) erected haphazard evidences against the accused.' Noting that the accused was not conversant with Gujarati language, in which the legal procedures had been initiated, the court order, delivered on June 6 stated, 'The IO did not investigate if the interpreter Ashwin Vegda was conversant with Tamil language. There is no mention in the panchnama of what kind of questions did Vegda ask the accused while speaking to him in sign language as well as details of the sign language used by Vegda and the accused while replying to his questions… It is a fact that the IO did not question the accused on his own; he has placed on record that the accused was interrogated only through Vegda'. 'Whatever information the IO has obtained is through Vegda. In his own deposition Vegda has not mentioned any such fact that the accused had demanded a physical relationship with the deceased on the night of the crime and therefore murdered her as she rejected his advances. There is no clarity on where did the IO get this information from…'stated the order. Questioning the prosecution's theory for murder, the court in its order stated, 'The IO himself does not know sign language or Tamil language and therefore it does not appear that the IO possibly questioned the accused on his own. The IO has also not come across any eye witness. Since the IO has admitted that he does not have sufficient evidence to prove that the accused murdered the victim as she allegedly rejected his advances, the accusation made by the IO appears to be concocted and baseless, therefore the entire investigation appears to be doubtful and contaminated…' Observing that the IO had admitted in his testimony that he 'did not follow the recommendations of the FSL' and that 'no videography or photography of the crime scene or the questioning of the accused by sign language' had been made, the court also questioned the manner in which the IO had described the recovery of the alleged murder weapon — a knife — from a pit near the crime scene in the railway yard. The court said, 'Although the IO has claimed that he has confiscated the weapon used in the crime as shown by the accused, he does not specify how he came across this information because as per Vegda's deposition, the accused did not lead the police to the weapon in the presence of the interpreter. It is sufficiently proved that the story presented in the chargesheet about the recovery of the weapon is a fabricated one….' The court noted that the discovery panchnama (of the murder weapon) does not specify who found the knife and from which spot of the crime scene. 'In his testimony, Vegda contradicted the police statement and said that the police had already recovered the knife before he could speak to the accused… The police claim that the accused concealed the knife in a pit dug around the scene of crime is a laughable claim… why would an accused with common sense dig up a pit and hide the knife near the crime scene… Therefore it appears that to detect a crime that occurred in his jurisdiction the IO has linked the accused to the crime without any basis…' the court order said. Considering that forensic evidence collected from the accused had no traces of human fluids or blood stains, the court further said, 'From the above discussions it is clear that the evidence gathered against the accused has been done in a slipshod manner. Had the interrogation of the accused with the help of the interpreter been videographed, the court could have looked into what kind of sign language questions were asked and answers were given by the accused. It would not be prudent to assume the accused to be guilty based on a deposition of the investigating officer whose statements cannot be considered as being proven beyond doubt…' Stating that it was 'in the interest of justice', the court acquitted the accused while also expressing gratitude to the officers of the court and the legal aid services, who joined the court proceedings to help interpret sign language in Tamil for the ease of the accused. '… In order to ensure that the accused was able to follow the process of law, G Suresh, a special educator from Madurai joined the court proceedings via conferencing along with Assistant Legal and Defence counsel M Gokul Krishnan from Madurai. Defence advocate Ajay Kumar Choksi, who appeared pro bono on behalf of the accused as well as Dr Elizabeth Christian, a Tamil to English translator, also assisted the court in the case…' On the behalf of the accused, Advocate Aditya Choksi told The Indian Express, 'It was the first case in Gujarat tried by the Special court under the Rights of Persons with Disabilities Act 2016. Although the case came to me for a bail plea, it led to a pro bono petition in the Supreme Court when the Gujarat High Court said it was a fit case for trial…' 'As per the directions of the Supreme Court, the trial was expedited. The special designated court framed the charges in January this year… and within 5 months and 15 days, the trial was concluded. The charges were read over to the accused only after they were translated to Tamil by a translator of sign language, Dr Christian… Special Educator G Suresh translated the charges in Tamil sign language to help the accused. In the absence of specific guidelines to try the accused with disabilities, the procedure adopted by the court was first of its kind to accord access to justice to all,' he said. Advocate Choksi added that the victim woman had not been identified nor was her family traced by the investigator until the conclusion of the trial.
Irish Daily Mirror
16-05-2025
- Health
- Irish Daily Mirror
Opposition table joint motion as over 15K children overdue Assessment of Needs
Over 15,000 children are awaiting an Assessment of Need required to access services and therapies. The five main opposition parties will table a motion in the Dáil next week to put pressure on the Government to provide these services. An Assessment of Need (AON) identifies whether a child has a disability, the nature and extent of the disability, and any health and education needs that may arise. Under law, once the HSE receives an application in writing, they must start the assessment within three months and complete it within an additional three months. Details from the HSE given to Sinn Féin TD Claire Kerrane confirmed that the number of AONs overdue for completion at the end of March 2025 stood at 15,296. This represents an increase of 8% on the end 2024 figure of 14,221. Some 1,412 AONs were completed in the first quarter of 2025, a 65% increase on the same period in 2024 of 849. The HSE stated that the percentage of these AONs that show 'No Disability' has increased from 15.8% in 2010 to 26% in Q1 2025. They also confirmed to Deputy Kerrane that 3,131 new applications were received in the first three months of the year, a 20% increase on the figure for the same period last year of 2,603. The HSE told Ms Kerrane that a March 2022 High Court case stated that the HSE's AON checks were not meeting the standard required under the Disabilities Act, and it is now required to deliver diagnostic assessments where necessary. Tipperary teenager and disabilities campaigner Cara Darmody will begin a 50-hour protest outside the Dáil next week. In an unusual move, Sinn Féin, Labour, the Social Democrats, People Before Profit and Independent Ireland have tabled a joint motion which will be debated in the Dáil next Tuesday to coincide with the protest. The motion states that children are 'legally entitled to an assessment of their health and education needs' within six months and that 'the law is being broken with respect to the 15,296 children whose assessment of need is overdue'. It calls on the Government to 'comply with its legal obligations' and to make funding available for 'Cara's Fund' to clear the backlog. The opposition has also called on the Government to 'set a specific target date by which the Government aims to comply with the legal entitlement to an Assessment of Need under the Disability Act 2005'. Sinn Féin leader Mary Lou McDonald has said that children have been 'scandalously left waiting for services and support' Deputy Kerrane, meanwhile, stated that there has been a 'frightening increase in the waiting list for Assessment of Needs from 500 in the summer of 2021 to over 15,000 now'. She added: 'Worryingly, the HSE anticipates that this will only get worse and expects that by the end of 2025, there could be as many as 24,796 assessments of need due for completion. 'It is clear that the government still does not have a plan to stop the state from breaking the law and to ensure that children get their assessment of needs within six months.'
