Human Rights Law Network


PILs & Cases

Rajeev Kumar Gupta vs Union of India: Supreme Court directs reservation in promotion for disabled persons in Government jobs

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Rajeev Kumar Gupta vs Union of India (Writ Petition (Civil) 521 of 2008)

In a landmark judgment, the Supreme Court on Thursday set aside Government of India instructions disallowing reservation in promotion for persons with disabilities, and held that wherever posts are identified to be suitable for disabled persons, 3% reservation must be given in direct recruitment as well as in promotion. The case, argued by Rajan Mani, Advocate of the Disability Law Initiative, in coordination with the Human Rights Law Network, represents success in a hard fought battle waged by persons with disabilities for equal opportunity and representation in the higher echelons of Government. Hitherto, disabled persons were likely to stagnate at the lower levels of the organizational hierarchy, as their promotion to higher level posts was made difficult because of their physical disadvantage.

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SC tells Centre to consider setting up human rights commission in Delhi

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New Delhi: The Supreme Court on Tuesday asked the Centre to consider setting up a state human rights commission (SHRC) in Delhi by keeping aside political considerations.

"The controversy has political aspects. Let’s resolve them legally. Keep aside political aspects and do what is required," the court said.

Delhi occupies a special status in the Constitution, with its own elected government and a lieutenant governor as an administrator. Law and order, and land in Delhi fall under the Union home ministry’s jurisdiction. The Aam Aadmi Party came to power in Delhi last year with a landslide win in assembly elections, and has been frequently at loggerheads with the Bharatiya Janata Party-led central government.

The issue has arisen in the wake of an apex court ruling in July last year (SC lays down guidelines to prevent custodial torture) which directed Delhi, Nagaland, Mizoram, Meghalaya, Tripura and Arunachal Pradesh to set up SHRCs within six months. A contempt petition was filed as Delhi had failed to comply with this direction.

Attorney general Mukul Rohatgi told the apex court that for human rights violations in Delhi, complainants could approach the National Human Rights Commission (NHRC).

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Railways get court rap for failing to make stations disabled-friendly

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Directing the railways to come up with a time-bound schedule to provide basic facilities for the differently abled by November 24, the Bombay High Court on Wednesday noted that a large number of suburban stations still did not been provide basic amenities like accessible toilets, railings, low ticketing counters and low-height water taps. Justices A Saka and AS Gadkariwere acting on a bunch of petitions, including one submitted by NGO Disability Right Initiative represented by senior lawyer Gayatri Singh.

The petitions highlighted the issue of raising the height of platform sat local stations and providing helipads near railway stations to airlift accident victims.' As we invite discussions on raising the height of platforms, several people have lost their lives. We cannot spend so much time because railways cannot provide basic facilities.

It is sad that the court has to monitor such matters," the HC said. On being informed that such facilities had been provided at only22 stations, the HC noted that the law required railways to provide such facilities for the differently abled at all stations. While referring to the affidavits filed by Central and Western Railways, the court observed "We find that in cases of large number of suburban stations, basic amenities for the differently abled are not provided.

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High Court of Bombay has asked MHADA to increase quota for disabled from 2% to 3 %

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India Centre for Human Rights and Law & ors. Versus The State of Maharashtra & ors.

PUBLIC INTEREST LITIGATION No 44.of 2009

HRLN has filed a PIL in February 2009 against Maharashtra housing development authority, (MAHADA). As per MAHADA rule they can keep 2% reservation in the housing distribution for the person with disability. But as per PWD act 1995 it has to be 3%. This PIL demands from MAHADA to make 3%. from to 2% reservation for the person with disability.

The petitioners also seek a direction to the State Government and MHADA to provide for single window clearance mechanism for persons with disabilities, so as enable those to effectively avail the benefits of the policy laid down in Government Resolutions dated 3 June 2002, 28 December 2006, 25 July 2007, 6 August 2008 and 26 April 2011 which concern the allotment of land to blind and disabled persons without auction for residential, commercial and industrial use.

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Supreme Court stays demolition on telephone booths of disabled Persons in Faridabad after PIL

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WRIT PETITION (C) No. 8519 OF 2006

Union of India versus State of Gujarat & ORS

The Petitioner He is a handicapped person and makes his living by operating a telephone booth which was allotted to him by Municipal Corporation. The Municipal corporation of Faridabad to the all Petitioners though on different dates and with different reference numbers however with the same content asking them to vacate the land allotted to the them for Booth/Dhaba/Kiosk/Tea Stall etc.

13 Telephone booths owned by handicapped persons in Faridabad Haryana, were set to be demolished by Municipal Corporation of Faridabad. HRLN Lawyers got a stay from the Honr'ble Supreme Court for the demolition.

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Human Rights Law Network (HRLN) is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.

HRLN is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.