Source: Times of India

Why in News?

Chief Justice of India (CJI) D Y Chandrachud allowed the virtual hearing of arguments of a deaf advocate through sign language and permitted the translation of court hearings in sign language.

• The Supreme Court was hearing the matter of Javed Abidi Foundation v. Union of India.

What is the Background of Javed Abidi Foundation v. Union of India?

• The petition was filed by the Javed Abidi Foundation seeking directions to take into consideration the rights of students with disabilities.
  • The petitioners were seeking equal rights of students with disabilities during online classes.
• Recently, the Advocate-on-Record (AOR) asked permission from the court to allow a deaf advocate Sarah Sunny to argue in virtual court on this matter.
  • Indian Sign Language (ISL), interpreter was appointed to aid the deaf advocate.
• The court asked the Central Government to update the court on its step upon the issue where Additional Solicitor General Aishwarya Bhati said that Central Government shall file final status report to dispose of the case.

What were the Court’s Observations?

• The case is pending since 2021, however, court observed in one of the hearing dates that “The Rights of Persons with Disabilities Act, 2016 (RPwD) creates an obligation on the part of the State to take positive measures to ensure that in reality, the persons with disabilities get enabled to exercise their rights.”

What is the Rights of Persons with Disabilities Act, 2016 (RPwD)?

• Introduction:
  • The RPwD Act is a legislation enacted by the Government of India to promote and protect the rights and dignity of persons with disabilities.
  • It replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and aligns with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.
• Scope:
  • The Act expanded the definition of disabilities to include not only physical disabilities but also intellectual and developmental disabilities, mental illnesses, and multiple disabilities.
  • It prohibits discrimination against persons with disabilities and promotes the principle of equal opportunity and full participation in society.
  • The Act enshrines the principle of equality by prohibiting discrimination on the grounds of disability.
  • It extends this principle to various aspects of life, including education, employment, and access to public services.
• Reservation of Seats for PwDs:
  • It reserves certain seats in the local government bodies (Panchayats and Municipalities) for persons with disabilities.
    • e.g. - Chhattisgarh made the presence of PwDs mandatory in all panchayats across the state by amending the State Panchayati Raj Act, 1993.
• National and State Commissions:
  • The Act establishes national and state-level commissions for persons with disabilities to monitor the implementation of the Act and address grievances.
• Penalties:
  • It prescribes penalties for offences committed against persons with disabilities, including physical and sexual abuse.
  • The punishment under Section 92 of the act for offences of atrocities is imprisonment for a term which shall not be less than six months, but which may extend to five years and with fine.

What is Another Major Step taken by the SC for PwDs?

• In 2022, the SC enlisted to audit the position of accessibility of PwDs to SC website.
• CJI constituted a committee that is ‘Supreme Court Committee on Accessibility’ to audit the physical and functional access to the website and make it user friendly for disabled.
  • The committee, headed by Justice S Ravindra Bhat, is directed to prepare a questionnaire of what issues disabled people face while assessing the website.