Case Comment on Rajiv Raturi V. Union of India: The Dawn of Disability Rights in India

  • Abhishek Dixit and Shivangi Sharma
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  • Abhishek Dixit

    Research Scholar at Dr. Ram Manohar Lohiya National Law University, India

  • Shivangi Sharma

    Assistant Professor at Mody University, India

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Abstract

The leading judgment of Rajive Raturi v. Union of India is the basal case underlying the rights of the disabled in our country. This case made the policymakers realize all the grounds of basic amenities that the disabled are missing out. It all began with a public interest litigation to provide amenities to the disabled and resulted in compelling lawmakers to make astounding changes to the disabilities act 1995. The case of Rajeev Raturi brought futuristic changes to accessibility and transport of visually impaired in public transport and the necessary infrastructure India was lacking on. The recommendations of this judgment saw changes like making every educational institute accessible for the disabled, every public transport to be made accessible to the disabled, and most importantly an audit each year to be conducted on how many institutions have been made accessible to the disabled and how many institutions are yet to be made. This case comment will throw light on the jurisprudential aspect of the judgment trying to understand the whole legal understanding of the apex court on why and how the changes to the Rights of Persons with Disabilities Act were brought. In the process, the ambit of Article 21 of the Indian Constitution will be discussed, and what theories were taken into consideration while delivering this judgment. The writing will also throw light on the precedents on this subject especially emphasizing on Jeeja Ghosh v. Association of India, which is also a leading judgment and was also benched by Justice A.K Sikri. The case comment will also enshrine the issues raised by the petitioner and brief facts of the case. At last, this case comment will further conclude the understanding of the apex court on the jurisprudential side of the case and will highlight the amended sections and impact they had on the society.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 5367 - 5371

DOI: https://doij.org/10.10000/IJLMH.111143

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