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.
State of Disability Justice and Institutional Mechanisms 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 law of the book and the law in action
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 It repealed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.
Empowering the visually impaired: The urgent need for braille-embossed pharmaceutical packaging in India
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.
Jurisprudence on Bail in India: Glance through Bharatiya Nagarik Suraksha Sanhita, 2023
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.
Seema Girija Lal v. Union of India – Implementation and Enforcement of the Rights of Persons with Disabilities Act, 2016
Recently, while hearing the writ petition in the case of Seema Girija Lal v. Union of India, the Supreme Court expressed its displeasure over the dismal implementation of the Rights of Persons with Disabilities Act (RPwD), 2016.
Horse Racing in India: A legal primer
This primer gives an overview of the relevant laws particular to horse racing, specifically it discusses race course licensing, gambling and animal welfare laws.
Note on ‘Mrinal Barik v. The State of West Bengal & Ors.’
Calcutta High Court directs 1% reservation for transgender persons in matters of public employment in West Bengal.
Supreme Court lays down guidelines for the portrayal of Persons with Disabilities in films and visual media
In a landmark Judgment, the Supreme Court has laid down the guidelines for the creators to follow on the portrayal of persons with disabilities (PwD) in the visual media.
The Difference between the German and the Indian Copyright Law
Creators and users should be aware of the different legal aspects in the field of copyright, when navigating copyright issues between Germany and India.