Removing a blind person from the job solely because of his disability is violative of the Rights of PWD Act, 2016: Calcutta High Court
25 feb 2021
In the recent case of Suddhasatva Banerjee v. Santanu Mitra, the petitioner filed a case alleging that a memo was sent to the petitioner in which the blind petitioner was excluded by Haringhata Mahavidhyalaya on the grounds of physical disability from the position of Head of the Bengali Department. Under section 20 of the Act, in any matter relating to jobs, the government shall not discriminate against any individual with a disability. Ravi Krishan Kapur, Single Bench of Justice, noted that the memo dated 31 July 2017, which dismissed the complainant, is in gross violation and in breach of the provisions of the Act on the Rights of Persons With Disabilities, 2016. Section 20 specifies that no government agency shall discriminate in any employment-related matter against any individual with a disability. Each government establishment shall provide employees with disabilities with fair accommodation and an adequate barrier-free and conducive climate. In this case, the plaintiff, Dr. Shishir Kumar Biswas, had argued that the ground claimed in the Memo under appeal was in violation of his constitutional rights. He also relied on Section 20 of the PwD Act to contend that in any matter relating to his job, there can be no discrimination against any person with any disability.
Taking this clause into account, the Court set aside the challenged memo and ordered the respondent-authorities to take corrective action as the memo was discriminatory and in violation of the PWD Rights Act, 2016.