Case BriefsSupreme Court

Supreme Court: The 3-judge Bench of Dr. AK Sikri, Ashok Bhushan and SA Nazeer, JJ asked the Central Government to make necessary changes in Section 80DD of the Income Tax Act, 1961 after a differently abled person file a PIL before it, claiming that the said the provision violates the fundamental right of equality of the handicapped person enshrined in Article 14 of the Constitution as it denies:

“the benefit of the insurance to the handicapped persons to get annuity or lumpsum amount during the lifetime of the parent/guardian of such a handicapped person, whereas the beneficiaries of other life insurance policy are getting annuity during the lifetime of the person who has taken insurance policy. This, according to the petitioner, violates the fundamental right of equality of the handicapped person enshrined in Article 14 of the Constitution.”

Section 80DD(2)(a) of the IT Act provides for payment of annuity of lump sum amount for the benefit of a dependant, being a person with disability, in the event of the death of the individual or the member of the Hindu Undivided Family (HUF) in whose name subscription to the scheme stipulated in the said provision has been made.  The petitioner, however, argued that such benefit should not be deferred till the death of the assessee/life assured and it should be allowed to be utilised for the benefit of the disabled person even during the lifetime of the assessee as there could be harsh cases where handicapped persons may need the payment on annuity or lumpsum basis even during the lifetime of their parents/guardians.

Finding force in petitioner’s submission, the Court said that there can be such cases, for example:

“where guardian has become very old but is still alive, though he is not able to earn any longer or he may be a person who was in service and has retired from the said service and is not having any source of income. In such cases, it may be difficult for such a parent/guardian to take care of the medical needs of his/her disabled child. Even when he/she has paid full premium, the handicapped person is not able to receive any annuity only because the parent/guardian of such handicapped person is still alive.”

Stating that there may be many other such situations, the Court said that it is for the Legislature to take care of these aspects and to provide suitable provision by making necessary amendments in Section 80DD of the Act. Hence, it urged the Centre to have a relook into this provision by taking into consideration all the aspect. [Ravi Agrawal v. Union of India, 2019 SCC OnLine SC 5, decided on 03.01.2019]

Conference/Seminars/LecturesLaw School News

Law Mantra is organising a one Day International Seminar on Human Rights & Persons with Disabilities, on 2nd December, 2018 at the Indian Law Institute, New Delhi in academic collaboration with CASIHR (Rajiv Gandhi National University of Law, Punjab), Maharashtra National Law University, Nagpur & International Council of Jurists, London.

Chief Patron: Justice Deepak Verma, Former Judge, Supreme Court of India

Patron: Prof. (Dr.) Paramjit S. Jaswal, Vice-Chancellor, Rajiv Gandhi National University of Law, Punjab.

             Prof. (Dr.) Vijender Kumar, Vice-Chancellor, Maharashtra National Law University, Nagpur.

Date: 2nd December, 2018

Venue: Indian Law Institute, Bhagwan Dass Road, New Delhi.

About Law Mantra

“Law Mantra” (headquarters New Delhi) (Registration No 150 in Book No. 4 Vol. No. 3, 603 0f 2018) is not for profit organisation running for the purpose of enhancing legal academics and legal awareness in the society and in the practice of the same. “Law Mantra” is a body of Jurists, Advocates, Academicians and Students running for the purpose of enhancing legal academics and legal awareness in the society and in the practice of the same. We at Law Mantra enable people to take responsibility for the situation of the deprived Indian women and children and so motivate them to seek resolution through individual and collective action thereby enabling women and children to realize their full potential.

Human Rights & Persons with Disabilities

The great German Philosopher Immanuel Kant has quoted that human beings are rational beings, therefore worthy of dignity and respect. Every individual has the basic right to live a dignified life and to exercise his freedoms and choices. The same phrase is equally applicable to persons with disabilities. But despite of this fact, persons with disabilities are subjected to discrimination. The one major factor of such discrimination is stigmatized societal attitude.

A mechanism of social integration of persons with disabilities has been made by following different international conventions and documents. Now world has joined to consider disability jurisprudence as an inseparable part of the international law. Universal Declaration of Human Rights and the Declaration on the Rights of Disabled Persons and Convention on the Rights of Persons with Disabilities are few important documents justifying the aforementioned proposition.

In a recent report of WHO, an estimated 10% of the world’s population –approximately 650 million people, of which 200 million are children, experiences some form of disability. The number of people with disabilities is growing as a result of different factors including population growth, ageing and medical advances that preserve and prolong life.

Across the world, people with disabilities have poorer health outcomes, lower education achievements, less economic participation and higher rates of poverty than people without disabilities. This is partly because people with disabilities are facing barriers in accessing services that many of us have long taken for granted. These services mainly include health, education, employment, transport and information. These difficulties are exacerbated in less advantaged communities.

To achieve the long-lasting, vastly better development prospects that also lie at the heart of the 2015 Millennium Development Goals and beyond, we must empower people living with disabilities and remove the barriers which prevent them participating in their communities; getting a quality education, finding decent work, and having their voices heard.

People with disabilities report seeking more health care then people with without disabilities and have greater unmet needs. For example a recent survey of people with serious mental illness showed that between 35% and 50% of people in developed countries and between 76% and 85% in developing countries received no treatment in the year prior to study. Health promotion and prevention activities seldom target people with disabilities. For example women with disabilities receives less screening for breast and cervical cancer than women without disabilities. People with intellectual disabilities are less likely to have their weight checked. Adolescents and adults with disabilities are more likely to be excluded from sex education programs. These factors from world report on disability by World Health Organization clearly indicates that there is need to work at the ground level so that persons with disabilities can enjoy their human rights without any difference from others.

The present seminar is aiming at highlighting different issues underlining disability jurisprudence from human rights perspective. We welcome different stakeholders including persons with disabilities, disability law activists, academicians, researchers, lawyers, medical professionals and bureaucrats.  This seminar is a noble initiation of Law Mantra in association with RGNUL Punjab through its Research Centre for Advanced Studies in Human Rights, upcoming Centre for Disability Studies and Health Laws and MNLU, Nagpur. We are considering this seminar as a platform to initiate a RIGHT discourse, expecting thought provoking, multidisciplinary, quality research papers.

Themes for Seminar

  • Social Integration and Challenges
  • Human Rights of women, children & sex workers
  • Discrimination and Human Rights violation
  • The role of National Human Right Commission in promotion and protection of Human Right
  • Human Rights of Indigenous people
  • Mob Lynching and Vigilantism
  • Conflict between IPR/Business Law and Human Rights
  • Disability as a Social Impairment
  • Social Model of Disabilities and Human Rights
  • Disability and Human Rights: Legal Framework
  • International Humanitarian Law and Rights of Persons with Disabilities
  • Healthcare and Disability
  • Medical Professionals and Interaction with Persons with Disabilities
  • Reproductive Rights of Women with Disabilities: International Human Rights Perspective
  • Right to Education and Persons with Disabilities
  • Right to Employment and Disability
  • Healthcare and Treatment of Persons with Disabilities: A Issue of Consent
  • Healthcare and Privacy Issues related to Persons with Disabilities
  • Comparative study on Disability Laws and Policies
  • Indian Laws and UNCRPD: Future of Disability Laws

Note: These Themes are not exhaustive; Authors are open to work on any topic related to above-mentioned theme.

Procedure for Submission of Abstracts: Abstract (of about 250 words) should be sent as an attachment in a word file. Abstracts will be peer reviewed before they are accepted. The following information, in the given format, should be send along with the Abstract:

  • Name of the Participant
  • Official Designation/Institution Details
  • Address and Email id
  • Title of Abstract
  • Abstract

The subject line of Email should read as: ‘Abstract Submission for International Seminar on Human Rights & Persons with Disabilities”.

Guidelines for Paper Submission

  • The title of the paper should be followed by Name, Designation, Name of the Organization / University / Institution and Email address. It is mandatory to mention Email address, as all future correspondence will be through it.
  • Name and details of Co-author, if any.
  • The paper should be typed in MS WORD format (preferably 2007 or 2010).
  • The paper must be in single column lay out with margins justified on both sides.
  • The sub heading should be in font size 12, bold and Times New Roman, left aligned.
  • The main text should be in font size 12, Normal, Times New Roman, 1.5 spacing and Justified.
  • The length of paper should not exceed 6,000 words (including footnotes). Exceeding the word limit may lead to rejection of paper.
  • All references must be in the form of footnotes with font size 10 and should be according to the Bluebook 19th Edition.

Publication Opportunity: All papers accepted for the conference will be published in UGC Referred Book bearing ISBN, CASIHR Journal on Human Rights Practice (JHRP) by RGNUL, Contemporary Law and Policy Review – NLU Nagpur, International Journal of Legal Research and Governance and Law Mantra Journal. (If Selected for Publication in UGC Referred Book bearing ISBN, Publication Charge will be Extra as Per bill of Publication House).

REGISTRATION FEE FOR PRESENTATION OF PAPER
Students Rs 1500/-
Faculties/Professionals/Research Scholars/Others Rs 2000/-
Presentation in Absentia for Students Rs 2000/-
Presentation in Absentia Faculties/Professionals/Research Scholars/Others Rs 2500/-
REGISTRATION FEE FOR ATTENDING THE SEMINAR
Students Rs 800/-
Faculties/Professionals/Research Scholars/Others Rs 1200/-
IMPORTANT DATE
Submission of Abstract 05th October, 2018 (Extended)
Confirmation of abstract selection 07th October, 2018 (Extended)
Registration 25th October, 2018
Submission of full paper 27th November, 2018
Seminar Date 2nd  December, 2018

Who Should Attend?

Students, Research Scholars/Faculties/Academicians, Disability Rights Activist, Corporate Delegates, Business entities, Lawyers.

Rules for the Participants:

  • No abstract or full paper shall be accepted after the last date of submission respectively.
  • Participants/Paper Presenters have to register after the acceptance of abstract with payment of required fees.
  • For participation, registration is mandatory on confirmation of the participation. Only registered participants will be allowed to take part in Conference.
  • All the registered participants will be provided a participation certificate, conference kit, lunch and tea.

Note: The authors and co-authors both have register separately. The registration fee includes conference kit, lunch, High Tea, entry to all Technical session, and Certificates.

Eastern Book Company and SCC Online are proud to associate as Law School Partners. Please mention SCC Online Blog as reference.

Registration: Submit your abstract to editor.lawmantra@gmail.com with Subject line ‘Human Rights & Persons with Disabilities”.

Contact: For any queries, feel free to drop email to editor.lawmantra@gmail.com  Human Rights & Persons with Disabilities  or call on +91- 9310053923, +91-9667822453.

To view the Brochure, click HERE

Website: www.lawmatra.co.in

www.lawmantra.org

Case BriefsHigh Courts

Patna High Court: A Division Bench of Ajay Kumar Tripathi and Nilu Agrawal, JJ. dismissed an appeal filed for the wrong exercise of powers by the D.I.G., CRPF, under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
The facts of the case states that the appellant was dispensed from the services after giving one months notice under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965 by the DIG, CRPF.
The appellant was said to have not completed the training due to which he did not acquire the status of a permanent government servant which eventually turned down the claim for wrong exercise of power under Rule 5(1) as mentioned above.
One of the arguments made was that during the course of training itself the appellant had suffered injuries which made him incapable of performing his duties; therefore, the appellant should have been protected under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Therefore, the Court held that, the applicability of the Act carries few exemptions in regard to certain organizations and establishments which include the paramilitary force, further the question of alternative employment remains invalid as the appellant had not acquired the permanent status. Appeal was dismissed on the grounds stated above. [Yadav Krishna Mohan v. Union of India, 2018 SCC OnLine Pat 746, order dated 27-04-2018]

 

Case BriefsSupreme Court

Supreme Court: Stating that educational institutions are bound to reserve seats from persons suffering from disability, the bench of Dr. AK Sikri and Ashok Bhushan, JJ directed that all those institutions which are covered by the obligations provided under Section 32 of the Rights of Persons with Disabilities Act, 2016 shall comply with the provisions of Section 32 while making admission of students in educational courses of higher education each year.

The other directions given by the Court in this regard are:

  • Insofar as law colleges are concerned, intimation in this behalf shall be sent by those institutions to the Bar Council of India (BCI) as well. Other educational institutions will notify the compliance, each year, to the UGC. It will be within the discretion of the BCI and/or UGC to carry out inspections of such educational institutions to verify as to whether the provisions are complied with or not.
  • UGC should constitute a committee consisting of persons from amongst Central Advisory Board, State Advisory Boards, Chief Commissioner of State Commissioners appointed under the Disabilities Act. The said committee will prepare a detailed study for making provisions in respect of accessibility as well as pedagogy and would also suggest the modalities for implementing those suggestions, their funding and monitoring, etc by June 2018.
  • The aforementioned committee will also consider feasibility of constituting an in-house body in each educational institution (of teachers, staff, students and parents) for taking care of day to day needs of differently abled persons as well as for implementation of the Schemes that would be devised by the Expert Committee.

It is important to note that the petition was filed only in respect of law colleges but considering the fact that these issues are of seminal importance, the Court decided to extend the coverage by encompassing all educational institutions. Stressing upon the importance of the issue, the Court said:

“a basic underline assumption, which is well recognised, is that everyone can learn; there is no such person as one who is ineducable; and that, accordingly, all disabled persons (from whatever disability they are suffering) have right to get not only minimum education but higher education as well. Not making adequate provisions to facilitate proper education to such persons, therefore, would amount to discrimination.”

The Court, hence, directed that the Report of the committee, as well as the Action Taken Report, shall be submitted before it in July 2018. [Disabled Rights Group v. Union of India, 2017 SCC OnLine SC 1486, decided on 15.12.2017]