Ability Forum

[Sachin]

Hi All,

While I was researching something in context to the Indian Disability Act, I also happened to browse through a few sections/chapters of the Constitution of India, essentially part 3 related to the Fundamental Rights of each citizen. I am quoting an excerpt from the chapter and want you guys to correct me if I am wrong, in assuming that the basic right to eqaulity that our constitution provides for, does not protect the rights of PWD's against discrimination. I am hoping that I am either misinformed or have misunderstood the debated part of the right to equality.

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CONSTITUTION OF INDIA [source National Portal of India (http://india.gov.in)]

Part 3 (Fundamental Rights)

Right to Equality

Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth;

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall , on grounds only of religion, race, caste, sex, place
of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a) access to shops , public restaurants , hotels and places of public
entertainment ; or

(b) the use of wells , tanks , bathing ghats , roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
------------------------------------------------------------------------------------------------------------


From whats written in black and white, it seems that no citizen shall be discriminated against only on the basis of religion, race, caste, sex, place of birth or any comnination of them, but what if the discrimination is based on grounds other than these or their combination?

The only justification is the PWD Act 95, which probably claims to have a non discriminatory clause, but is that sufficient in the legal domain to supplement or equate to the fundamental right to equality? Does the constitution over-rides all other laws or acts? I am confused and will like your comments on this.. and please forgive me if my interpretation is wrong, having not studied civics while it was being taught in the school has its disadvantages.

Thanks

Sachin.

Hi All,

While I was researching something in context to the Indian Disability Act, I also happened to browse through a few sections/chapters of the Constitution of India, essentially part 3 related to the Fundamental Rights of each citizen. I am quoting an excerpt from the chapter and want you guys to correct me if I am wrong, in assuming that the basic right to eqaulity that our constitution provides for, does not protect the rights of PWD's against discrimination. I am hoping that I am either misinformed or have misunderstood the debated part of the right to equality.

----------------------------------------------------------------------------------------------------------


CONSTITUTION OF INDIA [source National Portal of India (http://india.gov.in)]

Part 3 (Fundamental Rights)

Right to Equality

Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth;

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall , on grounds only of religion, race, caste, sex, place
of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

(a) access to shops , public restaurants , hotels and places of public
entertainment ; or

(b) the use of wells , tanks , bathing ghats , roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
------------------------------------------------------------------------------------------------------------


From whats written in black and white, it seems that no citizen shall be discriminated against only on the basis of religion, race, caste, sex, place of birth or any comnination of them, but what if the discrimination is based on grounds other than these or their combination?

The only justification is the PWD Act 95, which probably claims to have a non discriminatory clause, but is that sufficient in the legal domain to supplement or equate to the fundamental right to equality? Does the constitution over-rides all other laws or acts? I am confused and will like your comments on this.. and please forgive me if my interpretation is wrong, having not studied civics while it was being taught in the school has its disadvantages.

Thanks

Sachin.

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[Shivani]

I agree with you Sachin.

It was fine if they were not so explicit but other groups

I agree with you Sachin.

It was fine if they were not so explicit but other groups