Summary of Recent judgment

Case: Disabled Rights Group & Anr v Union of India & Ors



Date of Order / Judgment: 14th September, 2024

The Matter Heard by Bench: Justice A.K. Sikri

Background

A writ petition was filed by the Disabled Rights Group (DRG), a non-profit organization dedicated to advocating for the rights of persons with disabilities. The petition sought to address three primary issues related to the education of individuals with disabilities. These issues pertained to the lack of reservation in educational institutions, inadequate access provisions, and insufficient pedagogical support for persons with disabilities.

Issues
  • 1. Whether the mandated reservation of 3% (now 5% under the RPwD Act, 2016) for persons with disabilities in educational institutions was being implemented.
  • 2. Whether educational institutions were adhering to legal requirements under Sections 16(ii), 25(1)(b), and 40 of the RPwD Act, 2016 to ensure access for individuals with orthopaedic disabilities.
  • 3. Whether educational institutions were providing adequate pedagogical facilities and support to accommodate the special needs of students with disabilities.
Observation

The Supreme Court observed that despite the legal obligations set forth by the Persons with Disabilities Act, 1995 (and subsequently the RPwD Act, 2016), there was significant non-compliance regarding the reservation of seats, accessibility, and pedagogical support for students with disabilities. The Court noted that many institutions failed to implement the required reservation and lacked adequate infrastructure to support students with orthopaedic disabilities. Furthermore, the Court highlighted the need for pedagogical changes to cater to the special needs of these students.

Decision

The Supreme Court ruled that educational institutions must comply with the 3% (now 5%) reservation requirement for students with disabilities and report compliance to relevant authorities. Institutions failing to adhere to this requirement could face legal consequences under the RPwD Act, 2016. The Court also held that denying appropriate educational facilities to differently-abled individuals constituted discrimination. It endorsed a rights-based and inclusive approach, emphasizing the need for full participation and integration of persons with disabilities. The University Grants Commission (UGC) was instructed to review and implement the guidelines suggested by the petitioners to improve infrastructure and pedagogical practices.