Cases

Asking employer to provide Reasonable Accommodation

Ranjit Kumar Rajak Versus State Bank of India (Writ Petition No. 576 of 2008, Bombay High Court, Judgment dated 8th May 2009)

Can a person who is fully qualified for a post because of his past or present medical condition which otherwise does not interfere with his fitness to dispense the duties of his post be denied employment because of the financial burden that would be cast on the employer?

The Medical Condition: Renal Transplant in 2004.

Several Articles of UNCRPD, particularly related to employment, were effectively used for fighting the case.

The Bombay High Court gave a favourable judgment, taking into account the employment rights of the petitioner and the reasonable accommodation that the organisation has to provide, as per UNCRPD.

Read the entire judgment on the Rajuk vs State Bank of India in the Bombay High Court’s website. (496 KB)

Upholding Right to Motherhood of woman with intellectual disability

Suchita Srivastava & ANR. vs Chandigarh Administration

(C.A.NO.5845 OF 2009 @ Petition(s) for Special Leave to Appeal (Civil) No(s).17985/2009)

The Supreme Court of India upheld the right to motherhood of a girl with intellectual disability, who was raped at a government-run shelter. The woman was against the termination. Moreover, she was in the 19th week of pregnancy. An interim order was passed in July making reference to the UNCRPD. It stated that “in respecting the personal autonomy of mentally retarded persons with regard to the reproductive choice of continuing or terminating a pregnancy, the MTP Act lays down such a procedure. We must also bear in mind that India has ratified the Convention on the Rights of Persons with Disabilities (CRPD) on October 1, 2007 and the contents of the same are binding on our legal system.”

The Supreme Court Record of Proceedings, including Conclusions may be read here.