[AI] HC lets blind girl take up physiotherapy
Kotian, H P
hpkotian at rbi.org.in
Tue Aug 3 04:01:21 EDT 2010
I have a different take on it. It is not the job of judiciary to frame rules. It is the job of the executive.
Despite having a specialised law protecting the rights of the disabled, the government is the primary delinquent flouting its own law.
If we the disabled carry the attitude it is someone else's problem then why won't the executive throw rubbish on us? I am now speaking in context of the new law. We the disabled are showing little in fixing in the lacunas in the present law.
We shall wake up when it is too late and make hue and cry blaming everyone except ourselves taking share of the blame.
Friends, ask yourselves how many have even visited the blog? Its URL is in the bottom of every mail of AI.
Why this complicancy?
Sure, Kanchan has done a wonderful job by procuring provisional admission at least, for Kritika through judiciary.
However, if the situation has really to change, such judgments don't have to be confined to an individual case, but courts have to lay down general principles to be applied across cases.
For Instance, in this case, court could have laid down by way of ratio decidendi, that admission to a VI need not be denied in a course if s/he is qualified for admission and possibility exists that course can be undertaken by reasonable accommodation.
Further, the presumption that certain disability prevents the study is logically flawed, the educational institution has to establish it.
However, courts are not at all willing to lay down such principles, and so, judiciary represents a battle ground where almost three crore individual battles are going at present with average fighting period of 15 years at present.
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