Landmark Judgments on Disability Rights in India
On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India.
On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India.
The jurisprudence on disability in India, albeit recent, has charted an unusual course. The courts have increasingly resorted to judicial activism to interpret and reinterpret the laws, and have gone beyond the four corners of the legislations in the endeavour of delivering justice. With time, the discourse and narratives on disability coming from the corridors of the courts have noticeably evolved, with a willingness to embrace inclusion beyond the lens of mere charity and welfare.
While the formulation of laws have guaranteed the establishment of institutions to help facilitate disability access and justice, the implementation and enforcement of the same falls short of expectations.
The Right of Persons with Disability Act (RPwD Act, 2016) was enacted in 2016 to give effect to
the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It repealed
the earlier legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. India’s disability law stands as a beacon of progress, embracing a
broad and inclusive perspective on disability. It boldly places responsibilities on both public and
private sectors, reflecting a commitment to equality. Yet, nearly eight years since its enactment, the law’s promise remains largely unfulfilled, hindered by slow and uneven implementation.
The Family Law (India) 2024 Q&A guide, recently published by Legal 500 with contributions from RFKN Legal, offers a detailed look into India’s family law landscape.
In a landmark judgment, the Supreme Court discusses the profound impact of child pornography and abuse on children.
In India, writ petition has been filed in the case of Medhansh Soni v. Union of India (W.P. (C) 000516/2024) before Supreme Court where notice has been issued and issue regarding braille in medicines and other pharma products has been considered by the Surpeme Court.
The article examines the training, skills, working conditions and regulatory differences in the employment of Indian and German working riders. It discusses the potential for migration of Indian working riders to Germany through the 2003 Indo-German Migration Agreement and highlights their contributions to the equine industry in Germany.
In a recent legal dispute between the sportswear giant Adidas and fashion label Thom Browne, it became clear that not every stripe design on clothing constitutes a trademark infringement. Adidas filed a lawsuit. However, the Regional Court of Nuremberg-Fürth in Germany (Judgment of 06.09.2024, Case No. 4 HK O 8208/21) disagreed and dismissed the lawsuit. This case illustrates that the assessment of trademark infringement heavily depends on the specific circumstances, particularly the distinctiveness of the trademark and the level of attention of the target audience.
In a recent legal dispute between the sportswear giant Adidas and fashion label Thom Browne, it became clear that not every stripe design on clothing constitutes a trademark infringement. Adidas filed a lawsuit. However, the Regional Court of Nuremberg-Fürth in Germany (Judgment of 06.09.2024, Case No. 4 HK O 8208/21) disagreed and dismissed the lawsuit. This case illustrates that the assessment of trademark infringement heavily depends on the specific circumstances, particularly the distinctiveness of the trademark and the level of attention of the target audience.
CARA has formulated regulations in Chapter VIII of CARA Regulations 2022 with respect to adoptions as per Hindu Adoption and Maintenance Act. However, even in the revised process the PAPs have to go through the entire process of CARA and foreign agencies as set out in Hague.
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