Latest news with #DisabilitiesAct
Time of India
18 hours ago
- Politics
- Time of India
SC to govt: Bring policy for rehab of cadets injured during training
Representational Image NEW DELHI: Supreme Court said on Monday that defence services cadets who are not inducted into the force because of injury during training should not be left high and dry as it would dishearten people joining the forces and favoured that the govt extend a helping hand bearing their medical expenditure and also rehabilitating them in other jobs. The apex court took suo motu cognisance and issued notice to the Centre and chiefs of Army, Navy, and Air Force seeking their response on how to help them out. A bench of Justices B V Nagarathna and R Mahadevan said the govt should consider granting insurance cover to all cadets joining training so that financial assistance could be provided in case of injury or death during training. It also suggested that the injured cadets could be given desk jobs with the defence forces or they could be rehabilitated in alternative jobs after requisite training. It said helping such injured cadets is an act of social justice and asked the govt to come up with a scheme by Sept 4. It will be difficult to accommodate injured cadets within force: ASG to SC Additional solicitor general Aishwarya Bhati, appearing for Centre, submitted that she will have a discussion with the relevant authorities regarding the issue and come up with a solution on the next date of hearing. She, however, told the court that the military does not have non-combatant roles even for desk jobs and hinted that it would be difficult to accommodate injured cadets within the force. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo "During the discussion, this court pointed out whether there could be an increase in medical expenditure payable per month to the cadets. Whether there could be insurance coverage for the trainee cadets to beat any such contingencies of death or disablement. Whether there could be a reassessment of the injured cadets after their treatment is completed, and thereafter any suitable training could be given to them so that they could be rehabilitated. Further, the rights that such candidates have under the Disabilities Act could also be examined by the respondents," court said. Lawyers appearing for injured cadets told the bench that there was no insurance scheme for them but a proposal to cover the cadets under ex-servicemen contributory health scheme is pending.
NDTV
a day ago
- Politics
- NDTV
"Matter Of Social Justice": Supreme Court Flags Struggles Of Disabled Army Cadets
The Supreme Court on Monday sought a reply from the Centre and the Chief of the three Armed Forces on the plight of cadets who are suffering from disabilities due to injury or accidents during military training. The court, observing that "brave people are needed in the military", said that the cadets should get benefits. The bench of Justices BV Nagarathana and R Mahadevan called the issue "unfortunate" and said that even if they don't get ex-serviceman status, measures should be taken to ensure their rehabilitation. "If there is group insurance for the cadets, even the department will not be burdened. It will be on the insurer. See, the risk is very high. We want brave people to come into the military. But if they are not given adequate benefits, they will get disheartened," Justice Nagarathna said. He further asked the Centre and the Armed Forces to see if the cadets can come back and be part of the forces. "Having regard to their disability. Maybe a desk job, not on the field," he said. Terming it a matter of "social justice", Justice Nagarathana said, "We need to make sure they are provided for and rehabilitated." The top court issued notice to the Union of India, the Ministry of Defence, the Ministry of Finance, the Chief of Defence Staff, the Chief of Army Staff, the Chief of Air Force Staff, and the Ministry of Social Justice. At the outset, the top court asked if there was any scheme of insurance for trainee cadets. The court was informed that there was none as of now. The Supreme Court then sought a reply on whether there could be a reassessment of the injured cadets after their treatment is completed, and thereafter any suitable training could be given to them so that they could be rehabilitated. Further, the rights that such candidates have under the Disabilities Act could also be examined by the respondents, the court suggested. In this regard, Additional Solicitor General Aishwarya Bhatti submitted that she would discuss the matter with the concerned respondents and revert. In the meantime, the counsel who have appeared for the cadets can also give their written suggestions to her, the bench said while listing the matter on September 4.
Time of India
05-08-2025
- Business
- Time of India
Supreme Court reinstates colour-blind TGSRTC driver, slams premature medical retirement
Hyderabad: In a significant ruling upholding the rights of employees with acquired disabilities, the Supreme Court ordered the reinstatement of a Telangana State Road Transport Corporation (TGSRTC) driver who was prematurely retired after being diagnosed with colour blindness. The apex court directed the corporation to reinstate the driver, Ch Joseph, in a suitable non-driving role with the same pay grade and awarded 25% back wages from the date of his termination until reinstatement. Setting aside a Telangana high court order that upheld the driver's medical retirement, the Supreme Court observed that retiring an employee on medical grounds should be a last resort, only after the employer has exhausted all reasonable avenues of redeployment. The court called the RTC's failure to explore alternate roles not just a procedural lapse but a serious legal violation that undermines the employee's right to livelihood and equal treatment. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad 'Our concern is not confined to the present case but extends to the systemic risk that employers, particularly public sector entities, may attempt to bypass their obligation to offer alternate employment by drawing rigid distinctions between recognised and unrecognised disabilities under statutory frameworks,' said the court. The court warned against using technical classifications to deny protection to employees who acquire disabilities during service. In this case, the court found that the corporation had made no effort to assess alternative employment options, despite the driver expressing willingness to take up a non-driving role. Such inaction, the court ruled, breached both statutory duty and administrative fairness. The bench also faulted the high court for misapplying a previous Supreme Court ruling under the Disabilities Act. It clarified that Joseph's claim was based on a contractual settlement, which carries statutory weight under labour law. Importantly, the court pointed to a 1979 memorandum of settlement between the RTC and its workers, which specifically provided alternate employment for drivers diagnosed with colour blindness. 'This clause remains valid and enforceable,' the bench held, adding that no internal circular can override the terms of such a binding settlement.
Time of India
06-06-2025
- 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
06-06-2025
- 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.
