Rights of the disabled are based on two principles:
- non-discrimination
- reasonable differentiation
Differentiation in terms of providing the disabled with special services in order for them to stand equally among others. 21 types of disabilities have been covered by the Rights of Persons with Disabilities Act,2016.
Time and again people with disabilities have been denied basic rights such as:
- right to education,
- right to hold property,
- right to work,
- right to have proper infrastructure.
These rights have been protected under the various statutory provisions under the following enactments such as:
- Section 84 of the IPC,
- Section 328 to 339 of CrPC,
- Income Tax Act,1961
- Indian Contract Act,1872,
- Hindu Minority and Guardianship Act,1956.
In the case of Dr.Raman Khana V. University of Delhi, the court held that reservation for Disability was also applicable to post graduation course. In this case, was suffering from Haemophilic Arthropathy which caused 40% disability and directed Delhi University to give the petitioner admission, failing which will lead to the violation of Section 39 of the Disabilities Act.
In the case of, Court in its own motion v. State of Himachal Pradesh, the petitioner stated that the basic requirements for students with disabilities such as blindness and deafness were not met as the schools laced books in Braille, Audiobooks in digital format, library etc. The court directs the state government to see to it that students with disability are treated with care under their jurisdiction by providing them with the necessities required.
