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Case: Dr. Shishir Kumar Biswas v. State of West Bengal & Ors.
The bench of Justice Ravi Krishan Kapur ruled that removing a disabled person from a job solely on the ground of his physical disability is a violation of the Rights of PwD (Persons with Disabilities) Act of 2016.
The petitioner, Dr. Shishir Kumar Biswas, a blind professor at Haringhata Mahavidyalaya was removed from the post of Head of Bengali Department due to his physical disability. The court observed that the act was a violation of three provisions of the Rights of PwD Act, particularly Section 20 of the same Act, which states that there cannot be any sort of discrimination against a person with any kind of disability in a matter that is related to his employment. The petitioner stated that the act of the concerned college was a clear violation of his constitutional rights and is not only illegal but also against the morals and principles of natural justice.
The bench said that there was no evidence to support the actions taken by the authorities of the college and directed the respondents to take appropriate steps that align with the law.
Rights of Persons with Disability (PwD) Act of 2016
The act was passed by the legislative authorities of India as a replacement of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995. It was legislated to follow the guidelines laid down by the United Nations Convention on the Rights of Persons with Disabilities, which India had agreed to follow in the year 2007.
The act was introduced in the Parliament in 2014 and was passed by the Lok Sabha on December 14, 2016, and by Rajya Sabha 2 days after that. It received the President's assent on December 27th and became fully operative in April 2017. A cabinet minister of Uttar Pradesh was the first one to be booked for violating this act.
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