Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Public Interest Litigation - By a differently abled person - Alleging that she was de-boarded from aircraft (of private airlines) due to her disability - Plea that the act resulted in agony, humiliation and emotional trauma - And it amounted to violence to her human dignity and infringed her fundamental rights guaranteed u/Art. 14 and 21 of the Constitution - Held: The problems of the differently a bled are to be viewed from human rights perspective - Persons with disabilities do not need sympathy but are entitled to enjoy the full range of internationally guaranteed rights and freedom without discrimination on the ground of disability - It is obligatory on the part of the State to ensure that persons with disabilities get enabled to exercise those rights - There should be a full recognition of the fact that persons with disability are integral part of the community, equal in dignity and entitled to enjoy the same human rights and freedoms as others - The Act encapsulates the Governments obligation to ensure that those with disabilities can achieve their full potential free from any discrimination and harassment - The Act specifically deals with transportation system, including airports and aircrafts - Various international legal instruments also guarantee the rights of the disabled - The obligation to fulfill the right of the disabled not limited to the Government, but even the private entities m:e fastened with such obligation - The rights guaranteed under the Act and the instructions under Civil Aviation Requirements are founded on the sound principles of human dignity which is the core value of human rights enshrined u/Art. 21 - In the present case, the decision to deboard_the petitioner amounts to violation of r.133-A of Aircraft Rules, 1937 and Civil Aviation Requirements, 2008 guidelines and is also in violation of her human dignity and thus her fundamental rights, though by a private enterprise - The erring airlines is directed to award Rs. I 0 lakhs to the petitioner as damages - Constitution of India - Arts. 14 and 21 - Human Rights - Aircraft Rules, 1937 - United Nations Convention on the Rights of Persons with Disabilities -Arts. 5 and 9 - Vienna Convention on the Law of Treaties, 1963 - Art. 27 - Biwako Millenium Framework for Action Towards an Inclusive, Barrier-Free and Rights-Based Society for Persons With Disabilities in Asia and the Pacific - Beijing Conclave by the Governments of Asian and Pacific Countries. Human Rights - Human dignity - Constitution of India guarantees human rights through its Fundamental Rights - One such right is enshrined u/Art. 21 i.e. right to life and liberty which includes right to live with dignity - Thus human dignity is a constitutional value and a constitutional goal - Even right to equality is based on the value of human dignity - Jn international human rights law. equality is founded upon two complementary principles: non-discrimination and reasonable differentiation - Constitution of India - Arts. 14 and 21. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 412 |
Petitioner | Jeeja Ghosh & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2016] 4 S.C.R. 638 |
Judgement Date | 2016-05-12 |
Case Number | 98 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |