A Comprehensive Guide To Civil and Criminal Proceedings in India

What’s the difference between civil and criminal cases? Both civil and criminal laws involve wrongs that have been done to a person or group of people or property. However, civil law treats such wrong as inter-personal, so if you make a civil claim against someone for crashing their car into yours, for example, the Court …

Pramod Arora vs Honble Lt. Governor Of Delhi and others

What was the issue before the Court? Writ Petition (Civil) 1225/2014 before the Delhi High Court The Petitioner, Pramod Arora, who is a parent of a child with disability, filed a Public Interest Litigation in order to seek the Court’s powers in quashing or removing the amendment to the Right to Education Act in 2012, mandating the …

Social Jurist (A Civil Rights Group) vs Government of NCT of Delhi

What was the issue before the Court? Writ Petition (Civil) No. 4618/2011 before the Delhi High Court Social Jurist is a civil society organization that filed a Public Interest Litigation to highlight the deficiency of requisite teaching aids for children with disability and non-availability of special teachers, in unaided and aided private schools of Delhi, …

Ramesh Negi vs Government of NCT of Delhi

What was the issue before the Court? Writ Petition (Civil) 5949/2015 This Writ Petition, seeking a writ of Mandamus against the Department of Education, NCT of Delhi, was filed by a parent of an autistic child seeking its admission in the nursery class of either Sanskriti School, Springdales School, Bal Bharati Public School, Rajinder Nagar …

Siddharth International Public School vs Motor Accident Claim Tribunal

What was the issue before the Court? (Writ Petition Civil 2699/2016 and Civil Miscellaneous Application 11419/2016 before the Delhi High Court) A young boy who had lost his leg in a motor vehicle accident and whose case was before the Motor Accident Claims Tribunal received an order from the Tribunal directing his admission to Class I …

Why The Disability Certificate Is Important And How To Get It

What is a disability certificate under the Persons with Disabilities Act? A disability certificate is a prerequisite for obtaining any entitlements linked to the Persons with Disabilities Act, 1995, and for seeking enforcement of rights under it before the Commission of Persons with Disabilities. It identifies the person with disability, indicates the nature and degree of …

How The CBSE Ensures Inclusive Education For Children With Disabilities

What is the CBSE? The Central Board of Secondary Education (CBSE) is a Board of Education for public and private schools, under the Union Government of India. Many schools approved by the Central Government, like the Kendriya Vidyalayas, are governed by the CBSE. The CBSE has had guidelines in place since 2008 on Inclusive Education …

How ICSE Schools Ensure Inclusive Education For Children with Disabilities

What is the CISCE? The Council for Indian School Certificate exams is a national private board of education in India responsible for the curriculum of schools affiliated to the CISCE board. The council prescribes syllabi in various subjects of examination for the Indian Certificate of Secondary Education (Classes IX & X) and for the Indian School Certificate(Classes XI …

Concessions Provided By NIOS To Children With Disabilities

What is the NIOS? The National Institute of Open Schooling is the board of education under the Union Government of India. The NIOS is a national board that administers examinations to increase literacy and provide education to rural areas. It also offers vocational courses after high school. It provides both distance education and an alternative …

Financial Assistance For Rehabilitation Of Persons With Disabilities

What is the Delhi Financial Assistance for Persons with Special Needs Scheme? This scheme provides rehabilitation and meeting of day to day expenses of persons with disability. What is the eligibility criteria to avail of this scheme? (i) The age of the disabled persons should not be more than 60 years (ii) Family income should …

Financial Assistance To Purchase Assistive Devices

What is the Assistance to Disabled Persons (for purchase/fitting of aids/appliances) Scheme? This scheme provides quality aids and appliances to persons with disabilities to facilitate their physical, social and psychological rehabilitation. What is the eligibility criteria to avail of this scheme? (i) The applicant must be an Indian citizen of any age (ii) The applicant …

Free Bus Pass For People With Disabilities

What is the Delhi Transport Corporation Free Bus Pass Scheme? This scheme provides free bus passes for persons with disabilities to travel by DTC buses. What is the eligibility criteria for this scheme? (i) The applicant should be a person with disability, as certified to be above 40% from amongst impairments under the Persons with …

Scholarships For Students With Disabilities To Study Abroad

This scheme provides scholarship for 20 students per year to study abroad at the Masters or PhD Level with a reservation for six female candidates. The scholarship includes tuition fees, travel to the US/UK, daily allowance, flight tickets, visa etc. There is also a ‘passage grant’ available for students who have otherwise secured scholarships by …

Work Policy For Caregivers Of People With Disabilities

The policy states that a government employee who has a child certified to have any of the below listed disabilities shall not be displaced due to routine transfers/rotational transfers, subject to administrative constraints. This is in order to avoid any disruption of the rehabilitation process of the child. It also seeks to prevent employees from …

Sustainable Development Goals And People With Disabilities

What are Sustainable Development Goals? The Sustainable Development Goals or SDGs are an international set of goals that the UN member states are expected to use as a foundation to frame their political policies and agendas for the next 15 years. The SDGs expand on the Millennium Development Goals by including human rights, economic development …

Universal Declaration Of Human Rights

What is the Universal Declaration of Human Rights? The Universal Declaration of Human Rights or UDHR was created to lay out the minimum standard of fundamental rights that are available to all persons anywhere in the world. The declaration is the first international agreement that sets out core human rights and is based on the …

The Mental Healthcare Act & The Mental Healthcare Bill

What are the Mental Health Act and Mental Health Care Bill? The Mental Health Act is meant to regulate institutions for mental health care and provide for procedures for admissions of persons with mental illness to these institutions, and provide for procedures relating to guardianship and disposal of their assets when required. The Mental Health …

The United Nations Convention On The Rights Of Children

What is the United Nations Convention on the Rights of the Child? The Convention on the Rights of the Child (CRC) is a treaty built to include all cultures and legal systems in order to protect the civil, economic, political, cultural and social rights of children. The convention is based on the principle that children …

The United Nations Convention for the Rights of Persons with Disabilities

What is the United Nations Convention for the Rights of Persons with Disabilities? The United Nations Convention for the Rights of Persons with Disabilities (UNCRPD or CRPD) is an international document focusing on the rights for persons with disabilities. The need for the CRPD arose because despite the existence of numerous treaties that recognized various …

How Central and State Commissions Help Protect Your Child’s Rights

What are Commissions for Protection of Child Rights? The Commissions for Protection of Child Rights are established at the Central and State levels to ensure speedy trials of offenses against children or of violation of child rights. Who forms the Commission? The Commissions at the Central and State level comprise eminent society representatives (including the …

Fundamental Rights Under the Constitution for People with Disabilities

What are your child’s fundamental rights under the Constitution? Part III of the Constitution of India lays down the six fundamental rights guaranteed to all citizens, and in some cases, even to non-citizens in India. These are: The Right to Equality Article 14 says that the State shall not deny equality before the law or the equal …

The Persons With Disabilities Act

Which disabilities are covered under the Persons with Disabilities Act? Persons with disabilities under the 1995 Act are those who have been certified to have more than 40% of the following impairments: Blindness Low vision Leprosy-cured Hearing impairment Loco motor disability (including cerebral palsy) Mental retardation Mental illness In some instances, certain groups (such as persons …

Rehabilitation Council of India Act

What is the Rehabilitation Council of India Act? The Rehabilitation Council of India Act was meant to regulate the training of rehabilitation professionals in India, who work with persons with disabilities. In 2000, the Act was amended to increase the scope to include monitoring of the training of rehabilitation professionals and to promote research in …

Right to Education for Children with Special Needs

As a parent, you’d be happy to know that the government has provided certain special provisions for the education of your child. To begin with, the Right of Children to Free and Compulsory Education Act, 2009 provides all children between the ages of 6 and 14 the right to free and compulsory education in a …

How You Can Stop Sexual Abuse Against A Child With Disability

What is POCSO? The Protection Of Children from Sexual Offences Act was enacted in 2012 to address sexual abuse of children (defined to be till the age of 18 years) in different forms. It creates offences depending on the circumstances of the act, and provides for a ‘child friendly’ investigative and judicial procedure for the …

How The Juvenile Justice Act Protects Children With Disabilities

What is the Juvenile Justice Act? The Juvenile Justice Act covers two important groups of children (from ages 0 to 18) considered to be the most vulnerable – one are children who are ‘in need of care and protection’, and the other are ‘children in conflict with the law’. The law also regulates institutions meant …

The Marrakesh Treaty

What is the Marrakesh Treaty? Over 90% of published material is not available to persons with a visual disability. The Marrakesh Treaty facilitates the access to published material for visually impaired persons and persons with print disabilities by allowing for copyright exceptions in domestic law. It has been created through an international campaign headed by …

The New Act For Persons with Disabilities

What is the difference between the Rights of Persons with Disabilities Act and the Persons with Disabilities Act? The Rights of Persons with Disabilities Act, 2016 is a more comprehensive legislation that selects to implement the Convention on the Rights of Persons with Disabilities that was ratified by India. While the Persons with Disabilities 1995 Act spoke …

The Copyright Act Amendment

What is the Copyright Act? The Copyright Act, 1956, prevents the unauthorized republication, adaptation, reprinting, translation, conversion etc. of any work published in India. There are limited exceptions to this rule, however. If a person is unable to read a book or access any work published in India, they could approach the owner of the copyright to …

A Comprehensive Guide To Civil and Criminal Proceedings in India

Everything from how you can file a civil or criminal case to protect your rights as a victim, accused, witness or informant, read on to know the entire legal procedure in case of breach of law. What’s the difference between civil and criminal cases? Both civil and criminal laws involve wrongs that have been done …