Physically disable persons should not be humiliated, Apex Court
(Judicial Quest News Service)
In light of the notice of the Asst.Registrar Supreme Court of India,
dt.26.03.2019 in W.P.Civil No.1128 of 2018 filed by Sri Kaushik Kumar Majumndar
Vs. Union of India and others with affidavit. It is informed that, he (Physically
disable person with 85% disability) was humiliated in violation of his dignity and
human rights by the Air India Staff at Banglore Airport. They did not allow him to
board the flight, and blamed him for withholding and delaying the flight
unnecessararily and humiliated him in front of other passengers.
In this regard the State Commissioner, for Rights of persons with
Disabilities, Telangana State has requested to protect the rights of persons with
Disabilities, and to bring to forefront the best practices that are being followed
around the world so that they can live life with dignity and respect. She also
requested to publicise the penal provision of section 92 of the Rights of pensions
with disabilities Act 2016.
Section 92 of Rights of Persons with Disabilities Act, 2016 reproducted
below:
(a) Internationally insults or intimidates with intent to humiliate a person with
disability in any place within public view,
(b) Assaults or uses force to any person with disability with intent to dishonor
him or outrage the modesty of a woman with disability;
(c) Having the actual charge or control over a person with disability voluntarily
or knowingly denies food or fluids to him or her;
(d) Being in a position to dominate the will of a child or woman with disability
and uses that position to exploit her sexually;
(e) Voluntarily injures, damages or interferes with the use of any limb or sense
or any supporting device of a person with disability;
(f) Performs, conducts or directs any medical procedure to be performed on a
woman with disability which leads to or is likely to lead to termination of
pregnancy without her express consent except in cases where medical
procedure for termination of pregnancy is done in severe cases of disability
and with the opinion of a registered medical practitioner and also with the
consent of the guardian of the woman with disability, shall be punishable
with imprisonment for a term which shall not be less than six months but
which may extend to five years and with fire.
Therefore it is requested to ensure that persons with disabilities are
not subjected to Insults, violence, intimidation and humiliation.