DAA News Network

India: Supreme Court deals blow to employment rights of disabled people

Posted 07/4-10 at 20.09

The Supreme Court has upheld the firing of an employee who became deaf during his employment and said private employers were not under any legal obligation to re-deploy such persons in another post. The court said that on issues of employment, the 1995 Disability Act only covered governmental organizations.

The Court overturned the High Court that had ordered the company to reemploy Mr. S. P. Padhye.

http://www.livemint.com/2010/04/01175458/Private-firms-not-bound-to-re.html?h=B

Editorial comment: India ratified the UN Convention on the Rights of People with Disabilities in October 2007. Under Article 4 states are obliged to modify or abolish laws and "...practices that constitute discrimination against persons with disabilities." Article 27 calls for the protection of employment rights for disabled people. On the basis of this Supreme Court decision, India has so far failed to modify its laws in line with the UN Convention. This issue was also highlighted In our February edition, ‘Country's Disability Act not implemented, not reviewed and not in line with UN Convention'.

Comments:

Comment added 09/4-10 at 13.06 by: Robert Charig (polaris@blueyonder.co.uk)

It is not just a sad day in court for Mr Padhye but it is a sad day for India and for the Indian justice system. For a country that likes to boast about being the worlds largest democracy and one of the worlds fastest growing economies, it may be time to stop looking outward and find time for some introspection.

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