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Time of India
4 days ago
- General
- Time of India
Railways certs amend ‘retardation' to ‘intel disability'
File photo NEW DELHI: A father's fight for the dignity of his daughter, who has 65% intellectual disability, which made the court of the chief commissioner for persons with disabilities (CCPD) issue directives to remedy the situation, has led to the Indian Railways replacing the use of 'mental retardation' with 'intellectual disability' on railway concession certificates. A disability rights advocate, Pankaj Maru had failed to get a response from railways regarding the terminology used in the concession certificate issued to his daughter, Sonu (26). On July 12 last year, he filed a complaint with court of CCPD regarding the description of his daughter's disability — 'mansik roop se vikrit'. 'Use of derogatory terms go against SC guidelines' This (the terminology issue) was despite Pankaj Maru submitting the unique disability ID card of his daughter along with the application, wherein her disability was described as intellectual disability, in keeping with provisions of Rights of Persons with Disabilities (RPwD) Act, 2016. In its final order Thursday, CCPD said the Railway Board had informed court on July 14 that an instruction dated May 9has been issued stating ministry of railways has decided to replace the term 'mentally retarded persons' with 'persons with intellectual disability'. The change has been implemented from June 1. CCPD emphasised the criticality of language in ensuring dignity of people with disabilities. While noting that the board had already issued a circular in 2018 whereby words such as 'blind', 'deaf and dumb' and 'physically challenged' were replaced with terms prescribed in RPwD Act, the court has recommended that railways should review their existing forms and all other documents to determine if similar corrections are required to be made and to ensure that the existing stationery is not used for any certification in future. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Is it legal? How to get Internet without paying a subscription? Techno Mag Learn More Undo CCPD cited the concern raised by Maru in his complaint that outdated and derogatory terms like 'handicapped' still appear in preprinted concession certificate format, which goes against SC's guidelines on respectful disability terminology. CCPD has sought an action-taken report within three months and also asked railways to sensitise its staff on types and sub-types of disabilities. In its observations in the case in Feb, CCPD had countered railways' interpretation of legal provisions as reason for continuing with the use of 'mental retardation' in concession forms. It noted that the 'Railway Board's contention that intellectual disability and mental behaviour have been separately defined in the Schedule to RPwD Act, 2016 is correct, but their averment that 'retardation' is defined under 'mental behaviour' is not. In fact, the definition of 'mental behaviour' in the schedule of the law explicitly excludes 'retardation'.'
Time of India
6 days ago
- General
- Time of India
Gig workers with disabilities unable to access lounges
Chennai: Greater Chennai Corporation has set up lounges with air conditioning, power outlets and toilets in Anna Nagar and T Nagar for gig workers to relax between orders, but the spaces remain inaccessible to people with disabilities (PwDs). K Sasikumar, a food delivery partner, says being on the road all day on his battery-powered wheelchair is physically exhausting as his app algorithm forces him to travel to faraway locations. "Since I take my wheelchair to faraway locations, using the wheelchair on these roads induces severe body pain. I tried using the lounge once, but there is no way to access it as it's on a pavement with no way to get on it with my wheelchair. Also, the entrance has an extended door frame that hinders the path. It's nice the govt is coming up with such initiatives, but when they build such structures, they should keep us in mind," he said. S Namburajan, vice-president of Tamil Nadu Association for the Rights of All Types of Differently Abled and Caregivers (Taratdac), said the Rights of Persons with Disabilities Act (RPwD Act), 2016 in India mandates accessibility across various sectors, including physical infrastructure, transportation, information and communication technology (ICT), and public services. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo The Act also states that the govt should ensure all public buildings and spaces that are already constructed be made accessible through modifications. "Despite such an Act in place, policy makers continue to build places that are inaccessible. It needs to be strictly enforced during planning phase." You Can Also Check: Chennai AQI | Weather in Chennai | Bank Holidays in Chennai | Public Holidays in Chennai While GCC plans similar lounges in Thiruvanmiyur, Villivakkam, Royapettah, Mylapore, and Nungambakkam, activists say small retrofittings can make a huge difference. Sathish Kumar, an activist, said a ramp should be made that connects the road to the entrance. "There should be a charging space for wheelchairs and the width of the toilet door should be 3 feet. The toilet also should be accessible and be made spacious according to space available. " "We've taken note of the issue and are planning to install a temporary ramp as we work on constructing a permanent one," said GCC commissioner J Kumaragurubaran.
News18
6 days ago
- Politics
- News18
Prisoners With Disability Have Enforceable Rights To Dignity, Rehabilitation & Accommodation: SC
The Supreme Court held that denial of reasonable accommodations in custody violates Articles 14 and 21 of the Constitution and breaches the RPwD Act, 2016 The Supreme Court has delivered a landmark judgment affirming the constitutional and statutory rights of prisoners with disabilities, declaring that the State is duty-bound to ensure their dignity, humane treatment, and equal access to rehabilitation. A bench of Justices J.B. Pardiwala and R. Mahadevan held that disabled inmates must not be relegated to the margins of the justice system merely because of their incarceration, and that reasonable accommodations in prison are not a matter of charity but a constitutional and legal obligation. 'The punishment lies only in the restriction of liberty, not in the denial of humane treatment or reasonable accommodations," the bench said. 'Lawful incarceration does not suspend the right to human dignity." The judgment came in a plea by advocate L. Muruganatham, who suffers from Becker Muscular Dystrophy, a degenerative condition resulting in 80% locomotor disability. He challenged the Madras High Court's order enhancing his compensation from ₹1 lakh to ₹5 lakh after he faced systemic neglect during a wrongful period of incarceration. The Court, while refusing to enhance the compensation further, acknowledged broader issues of systemic inaccessibility and neglect faced by prisoners with disabilities and issued time-bound, binding directions for prison reforms across Tamil Nadu. These, it held, stem not only from India's constitutional ethos but also from the Rights of Persons with Disabilities (RPwD) Act, 2016, and Article 15 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory. The bench said that denial of access, medical treatment, interpreters, assistive devices, or accessible formats within custodial settings cannot be brushed aside as mere administrative gaps. They amount to violations of Articles 14 and 21 of the Constitution. 'Such systemic omissions lead to indirect discrimination," the Court said, especially when a prisoner's ability to participate in their own defence is hindered due to inaccessible procedures. The absence of interpreters, proper communication support, or assistive technology, it said, can result in miscommunication, delays in justice, and denial of fair hearing. The Court expressed deep concern that there is no existing policy framework, unlike the minimal protections afforded to women prisoners, to protect the rights of disabled inmates or members of the transgender community. The appellant had submitted that his physical condition had worsened in custody due to the lack of protein-rich food, assistive devices, and proper healthcare. The Court noted that while he did not receive certain specific facilities, records show that he remained in the prison hospital and was given some special amenities. The failure to provide particular food items or advanced interventions, the bench said, stemmed from 'institutional limitations" rather than malice. Importantly, the Court clarified that Article 21 does not extend to personalised or luxurious food preferences, but mandates 'adequate, nutritious and medically appropriate food." What matters is whether the State fulfilled its obligation to safeguard the prisoner's basic health and dignity. Recognising the structural neglect of disabled inmates, the Court framed 15 actionable directives aimed at transforming custodial spaces into inclusive, rights-compliant environments. These include: Mandatory identification of prisoners with disabilities at the time of admission. Accessible prison infrastructure with ramps, modified toilets, wheelchair paths, and sensory-safe spaces. Dedicated physiotherapy and psychotherapy spaces in every prison. Access audits to be completed within six months by expert committees. Compliance with RPwD Act provisions, Harmonised Guidelines (2021), and related prison rules. Provision of healthcare services, including regular physiotherapy, psychiatric services, and assistive devices. Sensitisation of prison and medical staff to recognise and support disabling conditions without bias. A medically appropriate diet for all prisoners with disabilities, tailored to individual needs. Lifesaving therapies and urgent interventions, either on-site or linked to government hospitals. Mandatory training for prison officials on disability rights and reasonable accommodation duties. Review of the State Prison Manual within six months to align with RPwD and UNCRPD standards. Regular consultation with disability rights groups to frame inclusive prison policies. Monitoring committee to inspect and report on prison conditions every three months. Maintenance of disability-disaggregated data to track needs, services, and accommodations. Comprehensive compliance report to be filed before the State Human Rights Commission by the Director General of Prisons within three months. While the Court upheld the Madras High Court's ₹5 lakh compensation order as 'just and reasonable," it made it clear that the broader issue lies in institutional failure. 'A systemic transformation is urgently required, one grounded in compassion, accountability, and a firm constitutional commitment to dignity and equality," the bench declared. About the Author Sanya Talwar Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked More Get breaking news, in-depth analysis, and expert perspectives on everything from politics to crime and society. Stay informed with the latest India news only on News18. Download the News18 App to stay updated! view comments Location : New Delhi, India, India First Published: July 16, 2025, 17:30 IST News india Prisoners With Disability Have Enforceable Rights To Dignity, Rehabilitation & Accommodation: SC Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
6 days ago
- General
- Time of India
Chennai Gig Workers Lounge: No Access For Wheelchair Users
A gig workers lounge in Anna Nagar, Chennai Greater Chennai Corporation has set up lounges with air conditioning, power outlets and toilets in Anna Nagar and T Nagar for gig workers to relax between orders, but the spaces remain inaccessible to people with disabilities (PwDs). READ ALSO: Just 7% of gig workers signed up for welfare schemes K Sasikumar, a food delivery partner, says being on the road all day on his battery-powered wheelchair is physically exhausting as his app algorithm forces him to travel to faraway locations. 'Since I take my wheelchair to faraway locations, using the wheelchair on these roads induces severe body pain. I tried using the lounge once, but there is no way to access it as it's on a pavement with no way to get on it with my wheelchair. Also, the entrance has an extended door frame that hinders the path. It's nice the govt is coming up with such initiatives, but when they build such structures, they should keep us in mind,' he said. You Can Also Check: Chennai AQI | Weather in Chennai | Bank Holidays in Chennai | Public Holidays in Chennai S Namburajan, vice-president of Tamil Nadu Association for the Rights of All Types of Differently Abled and Caregivers (Taratdac), said the Rights of Persons with Disabilities Act (RPwD Act), 2016 in India mandates accessibility across various sectors, including physical infrastructure, transportation, information and communication technology (ICT), and public services. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Luxury Awaits at Paras Floret | Paras Sector 59 Gurgaon Paras The Florett Book Now Undo The Act also states that the govt should ensure all public buildings and spaces that are already constructed be made accessible through modifications. 'Despite such an Act in place, policy makers continue to build places that are inaccessible. It needs to be strictly enforced during planning phase.' While GCC plans similar lounges in Thiruvanmiyur, Villivakkam, Royapettah, Mylapore, and Nungambakkam, activists say small retrofittings can make a huge difference. Sathish Kumar, an activist, said a ramp should be made that connects the road to the entrance. 'There should be a charging space for wheelchairs and the width of the toilet door should be 3 feet. The toilet also should be accessible and be made spacious according to space available. ' 'We've taken note of the issue and are planning to install a temporary ramp as we work on constructing a permanent one,' said GCC commissioner J Kumaragurubaran.
United News of India
7 days ago
- Politics
- United News of India
SC issues comprehensive guidelines for disability-friendly prisons in Tamil Nadu
New Delhi, July 15 (UNI) The Supreme Court today issued a set of comprehensive guidelines to ensure disability rights and accessibility for prisoners with disabilities in all prisons across Tamil Nadu. The directions mandate disability-friendly infrastructure such as accessible toilets, ramps, dedicated spaces for physiotherapy, and other essential facilities. A bench comprising Justice JB Pardiwala and Justice R Mahadevan passed these directions while hearing a special leave petition filed by an advocate with disabilities who suffered due to lack of proper facilities during incarceration in connection with a civil dispute. The Court directed the State to amend the State Prison Manual within six months to bring it in line with the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the 2006 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Justice Mahadevan, authoring the judgment, emphasised: 'The State has a constitutional and moral obligation to uphold the rights of prisoners with disabilities. Reasonable accommodations are not optional but integral to any humane and just carceral system.' The Court observed that disabilities must not become a basis for further deprivation or suffering, and called for a systemic transformation grounded in compassion, accountability, and a constitutional commitment to dignity and equality. Key Directions Issued Include, Prompt identification of prisoners with disabilities at admission and provision of rules in accessible formats (Braille, large print, sign language, simplified language). Universal accessibility in prison premises with wheelchair-friendly spaces, accessible toilets, ramps, and sensory-safe environments. Designation of dedicated spaces for physiotherapy, psychotherapy, and therapeutic services. State-level access audit of all prisons within six months, with periodic audits thereafter. Compliance with Sections 40 and 45 of the RPwD Act, 2016, Rule 15 of the 2017 Rules, and Harmonised Guidelines, 2021. Equivalent healthcare for prisoners with disabilities, including assistive devices, physiotherapy, psychiatric services, and medical diets tailored to specific needs. Training of prison medical officers and staff on disability rights, equality, and non-discrimination principles. Revision of the State Prison Manual within six months to include provisions prohibiting discrimination against prisoners with disabilities, and to promote reasonable accommodation. Periodic consultations with civil society organisations working in the disability sector. Constitution of a monitoring committee to conduct inspections and submit compliance reports every three months. Maintenance of disaggregated data on prisoners' disability status, accessibility, accommodations, and medical requirements, to be made public with privacy safeguards. The Director General of Prisons to file a compliance report before the State Human Rights Commission within three months. The matter pertains to that the petitioner suffers from Becker Muscular Dystrophy, Autism Spectrum Disorder, and related psychological conditions. Due to a lack of reasonable accommodations in prison, his health deteriorated. After his release on bail, he was granted compensation of Rs 1 lakh by the Tamil Nadu Human Rights Commission, which also recommended making all prisons accessible in line with the Supreme Court's 2017 Rajiv Raturi judgment recognising accessible infrastructure as part of Article 21. His writ petition before the Madras High Court was dismissed in November 2022, leading to the present appeal before the Supreme Court. UNI SNG RN
