Skip to content Skip to navigation

Where executive fails, Judiciary prevails

The greatest challenges facing persons with disabilities lie in the areas of access, education and employment, said Ms Anju Talukdar, coordinator, Disability Law Unit, NE. Addressing the media persons at Guwahati Press Club on December 31, 2008, she expressed concern over the physical barriers in the environment coupled with societal prejudice severely restrict and often completely block available opportunities. One of the laws enacted to ensure the protection of persons with disabilities in India is the 'Persons with Disabilities (Equal opportunities, protection of rights and full participation) Act 1995. Unfortunately, even with its many beneficial provisions, the said Act has failed to achieve its objectives due to poor implementation and in many cases non-implementation of its provisions. This was simply demonstrated in a recent case involving admissions to seats in paramedical courses in the three medical colleges of Assam.

On May 12, last an Educational Notice was issued by the Director of Medical Education, Assam, for admission to paramedical courses in the three medical courses. A total of 400 seats were to be filled up among 12 different paramedical courses. The Act guarantees certain rights to persons with disabilities including the right spelt out in Section 39 which says "all educational institutions to reserve seats for persons with disabilities. All government educational institutions and other educational institutions receiving aid from the Government shall reserve not less than three percent seats for persons with disabilities."

The advertisement issued by the Director of Medical Education provided for three per cent reservation for persons with disabilities, but the definition of who is a person with disability was as unique as it was inaccurate. It was also clearly contrary to the law, she said. Under the Persons with Disabilities Act 'person with disability' means a person with 40 per cent or more of blindness, low vision, leprosy-cured, hearing impairment, locomotors disability, including cerebral palsy, mental retardation and mental illness.

This very clearly definition of disability as spelt out by the law was not enough for the authorities. They came up with their own definition and as per the admission notice, three percent reservation quota would be made available for persons with disabilities, but 'only the persons with locomotors disability of the lower limbs and having 50 to 70 per cent of disability shall be eligible for this quota.'

This was clearly against the provisions of the Act. Anju Talukdar and Rakhi Sirauthia Choudhury of the Disability Law Unit, Northeast challenged this educational notice in the Gauhati High Court in a Public Interest Litigation, which was numbered as PIL 34/2008. This Unit is a project of Shishu Sarothi and fights for the rights of persons with disabilities by creating awareness on the various disability laws, advocating disabled friendly policies and facilitating litigation in case of violation of rights.

The case was argued on behalf of the petitions by their counsel, Siddharth Shankar Dey, renowned advocate of the Gauhati High Court and strong defender of disability rights. On June 16, 2008 the petition was admitted by the court and as an interim measure, the authorities were directed to receive applications from all categories of persons with disabilities. On June 27, the Director of Medical Education issued a corrigendum inviting applications from all categories of persons with disabilities.

The Division Bench of the Hon'ble Chief Justice J Chelameswar and Hon'ble Mr. Justice A Potsangham on December 17 last allowed the petition directing that three percent reservation for persons with disabilities would be available for all categories of disabilities. The High Court rejected the argument of the State of Assam that restricting the reservation to only the persons with locomotors disability of the lower limbs and having 50 to 70 percent of disability was justified under the guidelines of the Medical council of India. Interestingly, the documents relied on by the State of Assam itself showed that the Medical Council of India had prescribed guidelines only with reference to admissions to MBBS and PG medicine courses. No mention was made of paramedical courses. Further, there was nothing in the law to exclude persons with other disabilities from qualifying on merit to the paramedical courses. So no such exclusion can be made for seats reserved for persons with disabilities.

The decision of the Gauhati High Court is a huge encouragement to the disability sector –not just in Assam, but the entire Northeast and in fact the whole country. It is often seen that government authorities neglect and ignore their obligations under the law. There has often been no other recourse available but to approach the courts to secure the rights and interests of the persons with disabilities. While the executive continues to pose obstacles in the path, it is a huge relief that the judiciary has consistently proved a bastion and bulwark in defense of persons with disabilities, said Ms Talukdar.
Author info

Daya Nath Singh's picture

Journalist; Guwahati Press Club office Secretary

Comments

Subhash Chandra Vashishth's picture

This only goes to prove that best of laws can not deliver if the affected people are sleeping. Thank you Shishu Sarothi friends to have taken up this cause otherwise it would have continued. A stich in time saves nine. Hopefully with this timely initiatives of yours, other state departments shall also take some lesson. And please publicize this as much as possible to let it reach the state authorities who still continue to flout the law relating to the disabled populace with impunity. Congratulations once again, Subhash Chandra Vashishth Advocate-Disability Rights, New Delhi

Pages

Add new comment

Random Stories

Discover North East touches Jagiroad

31 Oct 2014 - 9:44am | Abdul Gani
It was a wonderful morning for many in Jagiroad as cultural troupes from different parts of the Northeast performed their beautiful dances on Thursday.It was a part of fanning programme of the...

Brahmaputra Basin: A neglected basin in India

26 Sep 2011 - 1:18pm | Benjamin Kaman
Brahmaputra basin encompassing North East Region of India is one among the water rich basins in the world. Annual available surface water potential of the region (Brahmaputra-Barak basin) is 585.60...

Encephalitis toll alarming

26 Mar 2015 - 9:13pm | AT News
Despite preventive measures, there has been steep rise in the number of death due to Japanese Encephalitis in the state.Disclosing this in the assembly on Thursday, health minister Dr Nazrul Islam...

Golf meet gets underway

22 Feb 2014 - 10:48pm | AT News
Chief Minister Tarun Gogoi said that golf tourism would help Assam get more focus.  Gogoi said it after he teed off the Assam International Diplomats Invitation Golf Meet 2014 at Kaziranga Golf...

Other Contents by Author

Gamusas and Japis are two important items in Assam, which are in much demand throughout the year in the state especially during festival seasons and social functions. These items are demanded by the people to honor the guests and honorable persons during each and every event.  However, it has been found that throughout the festival seasons the supply of locally woven gamusas are not according to demand by the customers. The reason behind it is said to be heavy cost of the locally produced items. On the other hand the weavers and traders from other parts of the country take advantage of supplying gamusas at cheaper rates and make more profit despite spending heavy cost on...
Archaeological Survey of India, Guwahati circle, has been trying to take-up the work of repairing of a broken pillar in the Mandap of Hayagriva Madhav Temple at Hajo for a long time. ASI, Guwahati has informed the media through a press note that one of the pillars of ancient temple was broken in three parts due to rusting of the iron dowels holding each other and the other developed cracks due to the same reason and widened more after the earthquake of May 2015. Hayagriva Madhav Temple is a reconstructed temple during the Koch period. The architectural parts of the earlier temple have been used for reconstruction. Different parts of the temple have been used randomly for making the pillars...
There is a generation gap between the signing of Assam Accord on the Independence Day 1985 and the present generation has to face new challenges to compete with the world class people in all spheres of development. The young people are confused over the airing of old issues which have lasted for long 31 years in absence of any solution. The issues pertaining to the Accord have become irrelevant under the present circumstances. The Assam Accord issue is still haunting and confusing the present generation due to absence of a clear picture. The fate of the Accord is not known to the people in general. A few politicians and intellectuals are trying to raise the issues of the accord from time to...
It is an established fact that a person involved in political activities cannot remain in peace till his cherished dreams are fulfilled. This can be noticed through the recent statements of former Assam chief minister, Tarun Gogoi, who has been expressing his views frequently in media against the four months old BJP-led alliance government in the state under the chief minister ship of Sarwanand Sonowal.  He (Gogoi) dares to demand a ‘white paper’ from state government about the steps taken by it to clear the encroachments of forest and other government  lands in the state and also to let the people of the state know, what action it has taken to identify and deport the foreign...
Addressing a huge gathering of residents of Udaypur, Jonakpur and Birubari at Udaypur Kali Mandir complex on Sunday, July 3, 2016, East Guwahati Assembly Member, Siddharth Bhattacharjee, emphasized the need of implementing the vision document of development as envisaged by the Prime Minister Narendra Modi. Speaking at the function organized by Udaypur Yuva Sangha to felicitate him on his success in the recently concluded polls to the state Assembly, he conveyed his thanks to the people of the area for showing their confidence in him. He assured the people that he would not let their confidence go in vain. The meeting was presided over by Dr Phani Borah. Senior citizen of the locality Kartik...
Hardly a few days ago, the Bharatiya Janata Party (BJP) Alliance has taken the reign of Assam administration the results of efforts made by Chief Minister, Sarbananda Sonowal under the guidance of PM Narendra Modi to bring back black money to the state coffer, has started recently with the arrest of Dhemaji Divisional Forest Officer, Mahat Chandra Talukdar by anti-corruption department. For a long time the reports of wildlife crimes were in the air, but the previous state administration ruled by Congress Party under the three-terms  leadership of Tarun Gogoi did not try to take any action. The former Chief Minister Gogoi was under a wrong impression that the people who gave him a...
A study conducted by B Boruah Cancer Institute, Guwahati, has revealed that during a decade from 2001-02 to 2011-12, cancer cases in the north-eastern part of the country have gone up from 5,404 to 8,708. A campaign, namely, Cycle 4 ride can help control this dreaded disease. In order to raise awareness to fight cancer a lady, namely, Marcellna Sangma, is going to lead a Biker Mission to 600 kms long stretch from Guwahati to Bum La Pass, near Indo-China border in Arunachal Pradesh. The ride is scheduled to be flagged off by Dr Amar Chandra Kataki, Director, B Boruah Cancer Institute, on April 21, 2016.Expressing her traumatic experience with cancer, Sangma, who was a cancer patient a decade...
Being disturbed since the first phase of polling for Assam Assembly on April 4 last, the Assam Chief Minister, Tarun Gogoi is finding it difficult to remember the history of Assam agitation propelled by All Assam Students Union (AASU) since the year 1979 to the Independence Day of 1985, resulting in the Assam Accord which was signed between the Assam Government and the movement leaders in presence of erstwhile prime minister, Rajiv Gandhi. Heavy polling beyond 85 percent of the electorate in the second phase also made Gogoi to think over the majority of young and new voters were not the ‘beneficiaries of getting blankets, yarn and mosquito nets’. They are young, energetic, literate and...
Continuing campaigns for Assam Assembly elections have confused the Assam intellectuals to raise vital issues before the future state legislators and improve the quality of political atmosphere affecting the entire society for quite some time. Almost all political parties have started ‘derogatory’ comments against their rivals for attracting the electorates by their acts and objectives about which they are themselves ignorant. The main reason behind such interpretation is lack of knowledge about the real issues on which the political parties are campaigning. Assam as a state of multi-lingual and religious people continued to be disturbed since the year1979, when several organizations under...
Long awaited North East Graduate Congress, an initiative of Education Research Development Foundation (ERDF) is going to be held from February 26 to 28, 2016. This is the only graduate congress in India being organized by University of Science and Technology, Meghalaya (USTM) in association with RIST and supported by the State Bank of India (SBI). The venue of the congress is the USTM campus at 9th mile, Khanapara. Addressing the media persons in Guwahati on February 14, 2016, the USTM spokesperson informed that the three days congress is aimed to enhance all round development and bring out the capabilities of future graduates through various life skill processes to bring out  their...