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News18
5 days ago
- Politics
- News18
'All Disabilities Must Get Equal Treatment': SC Strikes Down Discriminatory Retirement Policy
Last Updated: The Court observed that such arbitrary distinctions among differently-abled individuals violate the principles enshrined in disability rights legislation. The Supreme Court has recently held that prescribing different retirement ages based on the nature of disability amounts to unconstitutional discrimination under Article 14 of the Constitution. The Court observed that such arbitrary distinctions among differently-abled individuals violate the principles enshrined in disability rights legislation and entitle all benchmark disabilities to equal service benefits, including retirement age. The Bench of Justice Manoj Misra and Justice KV Viswanathan made the observation in the case of a 60 per cent locomotor-disabled electrician who was compulsorily retired at the age of 58 by the Himachal Pradesh State Electricity Board, even though visually impaired employees were allowed to serve until 60 years under an Office Memorandum (OM) dated March 29, 2013. The Appellant challenged the policy as discriminatory and violative of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and its successor, the Rights of Persons with Disabilities Act, 2016 (RPwD Act). His representations before the State Administrative Tribunal and the Himachal Pradesh High Court were dismissed, prompting an Appeal to the Supreme Court. In a detailed order, the Court set aside the impugned policy, holding that all benchmark disabilities under the RPwD Act, 2016 form a single homogenous class for the purpose of service-related benefits and must be treated uniformly. 'Prescribing different retirement ages for employees based solely on the nature of their disability is arbitrary and violative of Article 14. There appeared no intelligible basis to confer the benefit of age extension to one disabled category and deny it to the other when both are specified under the 1995 and 2016 Acts," the Court observed. It added that while the visually impaired were granted a two-year extension under the 2013 OM, the same benefit should have been extended to all employees suffering from any benchmark disability, including locomotor disability, as listed under the applicable disability laws. The Court relied on its previous affirmation of the Punjab and Haryana High Court's judgment in Bhupinder Singh v. State of Punjab (2014), where it was held that parity in service benefits must be maintained across all disability categories covered by the PwD and RPwD Acts. While the Court upheld the state's subsequent withdrawal of the OM on November 4, 2019, under the General Clauses Act, it recognized the appellant's legitimate expectation to continue employment until the withdrawal date. Therefore, the appellant was held entitled to the benefit of the extension in retirement age up to that point. 'Such discrimination offends not only Article 14 but also undermines the very spirit of the disability rights framework that envisions equal opportunity and full participation of persons with disabilities," the Court remarked. Accordingly, the Court partly allowed the appeal. 'The impugned judgment and order dated 28.07.2021 of the High Court dismissing the Writ Petition of the appellant is set aside. The appellant shall be entitled to the benefit of continuance in service until 04.11.2019. In consequence, he shall be entitled to full wages from 01.10.2018 to 04.11.2019, with all consequential benefits that may impact his pension," it ordered. Sukriti Mishra, a Lawbeat correspondent, graduated in 2022 and worked as a trainee journalist for 4 months, after which she picked up on the nuances of reporting well. She extensively covers courts in Delhi. First Published: May 30, 2025, 15:58 IST
The Hindu
07-05-2025
- General
- The Hindu
PRASHAST App for early disability screening: A step toward inclusive education under NEP 2020
When Seemar, a Class 7 student, excelled in public speaking and debates but struggled with focus and classroom tasks, Shivani, her class teacher, was intrigued. Seemar regularly participated in debates and performed very well in terms of confidence but would get anxious when faced with counters or if she forgot a part she had memorised. Shivani noticed signs of ADHD. This experience shaped her understanding of neurodivergence and the need for timely support. 'It made me realise that just because a child is bright in one area doesn't mean they aren't struggling in another…it is important to look beyond marks and behaviour to really understand what a student is going through,' said Shivani, a teacher at Sarvodaya Kanya Vidyalaya in Peeragarhi, Delhi. In a major step towards providing timely support to students with special needs, Delhi's Directorate of Education is conducting school-level screenings for 21 disabilities under the RPwD Act, 2016, using the PRASHAST app. PRASHAST App will ensure early intervention for students such as Seemar. Teachers are trained to observe visible and non-visible disabilities at an early stage, ensuring timely interventions and support. Once flagged, children will be directed to appropriate support and certification channels under Samagra Shiksha, enabling them to access resources and accommodations under various education schemes. The initiative aligns with the vision of the National Education Policy (NEP) 2020, which underscores the need for equity-based learning and inclusion. It also reinforces the obligations laid out by the Right to Education (RTE) Act, 2009, which guarantees free and compulsory education for all children, including those with special needs. Across India, states like Nagaland, Jharkhand, Bihar, and Andhra Pradesh are also rolling out systemic support to make education more inclusive. Nagaland is working on specialised training programmes for teachers to identify and address learning differences. Bihar has initiated partnerships with NGOs to create awareness among parents and educators about neurodevelopmental conditions and how to support such students within government schools. Jharkhand is focusing on building inclusive infrastructure, including sensory rooms and mobile counselling units, especially in tribal regions. Andhra Pradesh has announced the setting up of dedicated neurodiversity centres and is working on integrating early screening tools into routine school health check-ups. These varied efforts from curriculum redesign to community involvement, it is a signal of a nationwide shift toward making classrooms more welcoming, accommodating, and inclusive for every studnet. NEP and ground realities Aditi Gangrade, co-founder and CCO of Much Much Spectrum, a content studio that advocates for people with disabilities and neurodivergence, noted that 'children who were often labelled as lazy or disobedient may, in fact, be showing signs of learning disabilities, developmental disorders, or even psychological distress. Many of them have either lost access to support systems or been mislabelled due to casual assumptions. This initiative encourages educators to look beyond such labels and approach each child with a deeper understanding.' An important question that arises when exploring the issue of disabilities in schools is whether these institutions are truly equipped to accommodate and support students with special needs, particularly those under the autism spectrum or with mental health conditions in areas such as bullying prevention, access to therapy, and flexible learning environments. Aditi noted that 'while early identification is crucial, it must be followed by structural support within schools. Are there trained counsellors and systems in place to prevent bullying of neurodivergent children?' Although the National Education Policy (NEP) 2020 outlines provisions for special educators, resource rooms, and infrastructural support to foster inclusive teaching environments, the true measure of inclusivity lies in ground realities. How these policies translate into everyday practices can only be assessed through close, on-the-ground observation of school environments. Practical concerns Another concern that looms large among parents - what if the screening leads to schools subtly pressuring parents to withdraw their child instead of offering support or lack of support? While the RPwD Act legally protects children from discrimination and mandates inclusive education, the social stigma around disabilities and a lack of preparedness in some schools raise the uncomfortable possibility of informal exclusion. Shivani, the class teacher at Sarvodaya Vidyalaya said while teachers have been sensitised and trained earlier in identifying both visible and invisible disabilities, the current drive formalises the process through the PRASHAST app. Further, teachers have been instructed to remain discreet, they are not to discuss observations even with fellow teachers, to avoid labelling or stigma. When asked whether this adds to the teaching workload without being a medical expert, Shivani clarified that the process incudes an easy observation which is forwarded to an expert. 'We're not expected to diagnose or label anyone, we are simply observing how the child speaks, learns or interacts, whether there are behavioural or social concerns. We fill the assessment form and pass it on to the special educator, they then move on with the resst of the process.' However, she admitted that a large class strength often make this task overwhelming and there is no designated number of students assigned to a special educator or class teacher. In such cases, personal attention is difficult. 'In classes with 60–70 students, it's difficult to give individual attention. With smaller class strengths, it's much easier to interact closely and notice things,' she added. Step-by-step process Pooja, a special educator at a school in Delhi, explained the step-by-step process that teachers are instructed to follow during student observations. The PRASHAST checklist is divided into two parts. First, all students are enrolled in the PRASHAST app using their school IDs. The class teacher then observes each student within a given timeframe, using the checklist provided. These observations are handed over to the special educator, who determines whether a student may require further assistance and categorises their needs accordingly. If a student is flagged for further support, the principal is first consulted, followed by seeking the parents' consent for additional screening or learning assistance plans. The details of such students are also shared with the district coordinators. In some cases, students are then enrolled for a Unique Disability Identity (UDID) card or referred to a government-run resource centre, if necessary. Special educators are not permitted to label or medically diagnose a student but are authorised to recommend further evaluation. Government resource centres provide access to clinical psychologists and therapy services, including cognitive and speech therapy. Special educators accompany students and their parents to these centres, and travel allowances are covered by the school. However, Pooja pointed out a significant challenge, the government hospitals to which schools refer students often have long waiting lists, sometimes up to a year. 'Some students have received appointments for 2026,' she said. 'By then, the behaviours and symptoms may have changed.' Pooja explained that for students who require additional assistance, she sets three-month learning goals such as number identification or engaging in meaningful, functional academic activities. Each plan is uniquely tailored to the individual needs of the student, with the special educator assessing and deciding what kind of support or intervention is most suitable. Dealing with stigma Shivani and Pooja also noted that while some parents are cooperative and open to intervention, others, particularly from economically weaker sections tend to be hesitant or reluctant. 'There's fear, stigma, and sometimes a lack of understanding. Some parents argue that their child is simply underperforming and view it as an academic issue, rather than recognising that it could stem from an underlying condition,' said Shivani. In such cases, reluctant parents are offered in-house counselling by special educators or school counsellors to help build trust and awareness. 'We ensure they're included in the process, whether it's taking students to resource centres or calling them in weekly to discuss teaching plans, especially for children with hearing or visual impairments, autism, or dyslexia,' Pooja said. Addressing concerns around school's accountabilities post-identification, Shivani stated that schools are not allowed to deny admission or pressure parents to withdraw children with special needs. 'On the contrary, we are expected to follow inclusion guidelines like provide wheelchair ramps, wheelchairs, or any physical support/help if required. The school is accountable for ensuring the child's continued learning and well-being,' she said. This initiative represents a crucial step in fostering a more inclusive educational environment in Delhi, where students with disabilities can receive the recognition and support they deserve. While challenges such as large class sizes, long waiting lists for therapy and its cost, and resistance from some parents exist, the commitment school staff and administrations will be key to overcoming these barriers. For true inclusion to take root, it will be vital that schools continue to invest in training, resources, and infrastructural support, ensuring that no child is left behind.
Time of India
05-05-2025
- Business
- Time of India
SC's e-accessibility order to push firms on digital inclusivity
ETtech Live Events The Supreme Court verdict last week, which directed the central government and regulatory bodies to ensure that digital infrastructure and services are accessible to all citizens, will help make digital services inclusive, especially for people with disabilities and other marginalised groups, said lawyers and top court in its April 30 order held that meaningful access to digital tools and services is a part of the fundamental right to the protection of life and personal liberty, and issued directions to the regulators to improve customer verification (KYC) processes so that they don't exclude any sections of the society. The judgement comes as a response to concerns raised in a petition that the rapid digitalisation of services often overlooked the needs of people with disabilities, those living in rural areas and senior citizens who may face barriers in accessing digital order confirmed that digital tools used for compliance must correspond with the provisions of the Rights of Persons with Disabilities Act (RPwD) and Article 21 (right to life and personal liberty), said Astha Sharma, partner at law firm Aquilaw. "The court has recognised the exclusionary impact of the existing KYC standards and in doing so, has set an unqualified policy for accessibility within regulatory frameworks. This ruling will have a cascading effect on policy reforms across the substrata of finance, telecommunications and governance," he said."The SC has recognised that the protection under the RPwD Act is also available to persons who suffer from facial and ocular disfigurement and visual impairment," said Indranil Deshmukh, partner (head - disputes) at law firm Cyril Amarchand judgement holds the government and regulators in sectors such as banking, markets and insurance accountable, and directs them to ensure that digital infrastructure and digital services platforms are designed and maintained to make them universally accessible. The Reserve Bank of India has been tasked with monitoring all the regulated entities to ensure that they adhered to the court's guidelines."This decision affirms the principle that technological systems must serve all citizens, including the most marginalised," said Ankit Sahni, partner at Ajay Sahni & Associates. The court has held that digital access, and by extension digital inclusion , is a constitutional guarantee, not a discretionary service, he fintech, telecom and digital service providers , this ruling is a call to action, he and other access protocols must now evolve to accommodate the needs of persons with disabilities and those facing physical or social barriers, Sahni legal experts also pointed out areas for potential Kapoor, partner at King Stubb & Kasiva Advocates and Attorneys, said it could have specified stricter timelines for compliance and mandated periodic reporting to monitor implementation top court issued 20 directions to improve the KYC process , including taking measures such as providing reasonable accommodations for persons with disabilities in digital KYC processes, developing alternative accessible methods for digital KYC including physical verification where necessary, mandating regulated entities to offer step-by-step assistance through voice or video support, and conducting public awareness campaigns about alternative KYC Choudhary, founder of legal services organisation that focuses on protecting digital freedoms, stressed the systemic nature of the issue. "It's high time that we stopped designing systems only for a certain section of the society, leaving behind the most vulnerable,' Choudhary said. 'This judgement is crucial but citizens shouldn't have to move the apex court for every single thing. The state should be designing systems keeping in mind the diversity and reality of the society."
Economic Times
05-05-2025
- Business
- Economic Times
SC's e-accessibility order to push firms on digital inclusivity
The order confirmed that digital tools used for compliance must correspond with the provisions of the Rights of Persons with Disabilities Act (RPwD) and Article 21 (right to life and personal liberty), said Astha Sharma, partner at law firm Aquilaw. "The court has recognised the exclusionary impact of the existing KYC standards and in doing so, has set an unqualified policy for accessibility within regulatory frameworks. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads Popular in TechMore ≫ The Supreme Court verdict last week, which directed the central government and regulatory bodies to ensure that digital infrastructure and services are accessible to all citizens, will help make digital services inclusive, especially for people with disabilities and other marginalised groups, said lawyers and top court in its April 30 order held that meaningful access to digital tools and services is a part of the fundamental right to the protection of life and personal liberty, and issued directions to the regulators to improve customer verification (KYC) processes so that they don't exclude any sections of the society. The judgement comes as a response to concerns raised in a petition that the rapid digitalisation of services often overlooked the needs of people with disabilities, those living in rural areas and senior citizens who may face barriers in accessing digital order confirmed that digital tools used for compliance must correspond with the provisions of the Rights of Persons with Disabilities Act (RPwD) and Article 21 (right to life and personal liberty), said Astha Sharma, partner at law firm Aquilaw. "The court has recognised the exclusionary impact of the existing KYC standards and in doing so, has set an unqualified policy for accessibility within regulatory frameworks. This ruling will have a cascading effect on policy reforms across the substrata of finance, telecommunications and governance," he said."The SC has recognised that the protection under the RPwD Act is also available to persons who suffer from facial and ocular disfigurement and visual impairment," said Indranil Deshmukh, partner (head - disputes) at law firm Cyril Amarchand judgement holds the government and regulators in sectors such as banking, markets and insurance accountable, and directs them to ensure that digital infrastructure and digital services platforms are designed and maintained to make them universally accessible. The Reserve Bank of India has been tasked with monitoring all the regulated entities to ensure that they adhered to the court's guidelines."This decision affirms the principle that technological systems must serve all citizens, including the most marginalised," said Ankit Sahni, partner at Ajay Sahni & Associates. The court has held that digital access, and by extension digital inclusion , is a constitutional guarantee, not a discretionary service, he fintech, telecom and digital service providers , this ruling is a call to action, he and other access protocols must now evolve to accommodate the needs of persons with disabilities and those facing physical or social barriers, Sahni legal experts also pointed out areas for potential Kapoor, partner at King Stubb & Kasiva Advocates and Attorneys, said it could have specified stricter timelines for compliance and mandated periodic reporting to monitor implementation top court issued 20 directions to improve the KYC process , including taking measures such as providing reasonable accommodations for persons with disabilities in digital KYC processes, developing alternative accessible methods for digital KYC including physical verification where necessary, mandating regulated entities to offer step-by-step assistance through voice or video support, and conducting public awareness campaigns about alternative KYC Choudhary, founder of legal services organisation that focuses on protecting digital freedoms, stressed the systemic nature of the issue. "It's high time that we stopped designing systems only for a certain section of the society, leaving behind the most vulnerable,' Choudhary said. 'This judgement is crucial but citizens shouldn't have to move the apex court for every single thing. The state should be designing systems keeping in mind the diversity and reality of the society."
New Indian Express
24-04-2025
- Business
- New Indian Express
Delhi HC notice to Swiggy, Zepto over inaccessibility for persons with disabilities
NEW DELHI: The Delhi High Court has taken up a plea alleging that food and grocery delivery apps Swiggy and Zepto continue to exclude persons with disabilities (PwDs), particularly the visually impaired, from independently accessing their platforms. Justice Sachin Datta, on Wednesday, issued notices to both companies as well as to the Ministry of Electronics and Information Technology (MeitY), seeking their responses by May 28. The court's order came while hearing a petition filed by Mission Accessibility, an NGO working to uphold the digital rights of the disabled. The petition accuses Swiggy and Zepto of violating fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution. It also cites multiple breaches of the Rights of Persons with Disabilities Act, 2016, and the corresponding Rules notified in 2017. Rahul Bajaj and Amar Jain, lawyers who themselves live with visual impairments, appeared in person to argue the case. They described how basic functions on these apps—such as searching for items, reading product information, and navigating the user interface—remain inaccessible to those reliant on screen reading software. They pointed out that although the RPwD Rules had set a 2019 deadline for making digital services fully accessible, both Swiggy and Zepto have continued to launch and update their services without ensuring screen reader compatibility. The petition details numerous shortcomings: icons without proper labels, critical product data missing from descriptions, and a lack of audio-guided prompts for actions like returning orders. The result, it argues, is a deeply exclusionary digital experience that strips disabled individuals of their independence and forces them to depend on others for essential tasks. Under Sections 40 and 46 of the RPwD Act and Rule 15 of the 2017 Rules, digital service providers are legally bound to adhere to prescribed accessibility standards. Swiggy and Zepto, the plea asserts, have failed to meet these obligations. The petition further urges the Court to direct MeitY to exercise its enforcement powers under the RPwD Act, including invoking the penalty provisions laid down in Sections 89 and 90 against non-compliant companies. Petitioner in the case requested court to Order a comprehensive accessibility audit by accredited government auditor Mandate a time-bound roadmap to correct present accessibility flaws Ensure long-term compliance with BIS IS 17802 standards, the national digital accessibility framework Introduce compulsory sensitisation training for developers and customer service staff Make return and refund procedures accessible to visually impaired users
