Thanks Rajesh for such reasonable arguments. I think I do agree here to a larger extent that age old rules which are discriminatory to any one in the society - be it a disabled or one suffering from some disease, should be immediately declared ultravires. All such rules which are in conflict with the Right to Equality guaranteed by the Constitution and Basic Human Rights that International conventions advocate and to which India is a party, should be amended forthwith.
I must confess that I have been inundated with several such cases in the recent past where you see that reason is lost in the cob-web of the legal proceedings, interpretations and personal opinions and biases. I am attaching a recent case to Rajesh, Kanchan & Subramani (Others who would like to contribute their point of view can access the same at http://disabilityrightsthroughcourts.blogspot.com/ ) in which a double bench of Delhi High Court has given some not very convincing reasons for disallowing one petition in which Scale of Play allowed in Grant in Aid to NGOs vis-a-vis Government Scale for the same posts were sought to be made equivalent on the principal of Equal Pay for Equal Work. I need your observations, suggestions and arguments in support of the case so that the matter could be taken up at higher levels. regards On 24/09/2008, Asudani, Rajesh <[EMAIL PROTECTED]> wrote: > > EXTENDED OR NOT, SUCH JUDGMENTS SHOW LACK OF BASIC JURISPRUDENTIAL > KNOWLEDGE ON THE PART OF HONORABLE JUDGES. > > SO, THE JUDGMENT IF TAKEN TO ITSLOGICAL CONCLUSION MEANS THAT ACTIVE > LEPROSY PATIENTS OUGHT TO BE CONFINED AND SEGREGATED IN GHETO LIKE > STRUCTURES AS THEY ARE A POTENTIAL RISK TO PUBLIC IF THEY CONTEST ELECTIONS > OR COME TO PUBLIC LIFE IN ANY MANNER. > > is there suffficient medical evidence that a person having contageous form > of leprosy spreads it by merely being in the same room or using same > stationary or so? > > I doubt if any medical expert was consulted by apex court before > pronouncing such a draconian fiat! > > ARE NO PROPER PRECAUTIONS AVAILABLE TO SAFEGUARD PEOPLE AROUND A CONTAGEOUS > LEPROSY PATIENT AT ALL? > > IT IS SURELY A POINT TO BE THOROUGHLY SEARCHED. > > we have recently paid tribute to baba amte, who I am sure, if apex court is > infallible and legally sound/medically accurate, must have contracted > leprosy almost half a century back when he commenced work with leprosy > patients!!!!!!! > > even imperiling myself with contempt charges, I dare say that our judges, > many of them, are utterly deficient in legal accumen and seldom can > appreciate true essence of very many cases. > > Regards > > Rajesh > > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto: > [EMAIL PROTECTED] On Behalf Of SC Vashishth > Sent: Wednesday, September 24, 2008 3:55 PM > To: [email protected] > Subject: Re: [AI] Leprosy patient cannot hold municipal post: apex court > > I am sure Our Judges have sufficient a legal acumen and such rulings won't > be extended to persons with disabilities for the *Disability *is not a * > Disease* but only a *Condition* and it is not infectious!!! > > regards > > > > 2008/9/24 Subramani L <[EMAIL PROTECTED]> > > > True, but still I find this absurd. With proper protection I am sure > > people who are mildly affected by the disease can participate in > > elections and hold posts. Those severely affected probably won't be in a > > position to hold political posts any way. Just a thought, what is the > > guarantee that such absurd rulings won't be extended to persons with > > disability like those on wheelchair or those who are blind? > > > > Subramani > > > > > > > > -----Original Message----- > > From: [EMAIL PROTECTED] > > [mailto:[EMAIL PROTECTED] On Behalf Of Dinesh > > Kaushal > > Sent: Wednesday, September 24, 2008 1:12 PM > > To: [email protected] > > Subject: Re: [AI] Leprosy patient cannot hold municipal post: apex court > > > > I don't think Supreme Court is talking about ex Leprosy patients, I > > guess it > > is about those who still have Leprosy, and since it can spread, it > > seems a > > valid judgement. It should not be an issue once they are cured, it is > > only > > till they are not cured. > > > > Regards > > Dinesh Kaushal > > > > blog at > > dineshkaushal.blogspot.com > > > > -----Original Message----- > > From: [EMAIL PROTECTED] > > [mailto:[EMAIL PROTECTED] On Behalf Of payal > > kapoor > > Sent: Wednesday, September 24, 2008 1:01 PM > > To: [email protected] > > Subject: Re: [AI] Leprosy patient cannot hold municipal post: apex court > > > > did we have something said about untouchability and discrimination > > somewhere > > in our history lessons? about it being a sin? i think they need to go > > back > > to school to learn those basic forgotten lessons.. > > ----- Original Message ----- > > From: "Asudani, Rajesh" <[EMAIL PROTECTED]> > > To: <[email protected]> > > Sent: Wednesday, September 24, 2008 12:13 AM > > Subject: Re: [AI] Leprosy patient cannot hold municipal post: apex court > > > > > > Bravo! Our supreme court and its learned judges! > > > > One can not be held liable for voting in consequence of bribe, > > remember?!!! > > > > The worst leprosy is ubiqutous corruption, sufferers of which are > > encouraged > > to contest all elections!!! > > > > Rajesh > > > > -----Original Message----- > > From: [EMAIL PROTECTED] > > [mailto:[EMAIL PROTECTED] On Behalf Of Asudani, > > Rajesh > > Sent: Wednesday, September 24, 2008 12:20 PM > > To: [email protected] > > Subject: [AI] Leprosy patient cannot hold municipal post: apex court > > > > Leprosy patient cannot hold municipal post: apex court > > > > New Delhi: A leprosy patient cannot contest a civic poll or hold the > > post > > of a councillor or chairperson of a municipality, the Supreme Court has > > ruled. > > > > > > The verdict upheld the decisions of the Election Tribunal and the > > Orissa > > High Court that had upheld the provisions of the Orissa Municipal Act, > > which > > disqualifies a leprosy patient from holding such posts. > > > > 'Not discriminatory' > > > > Holding that these provisions are not discriminatory and violative of > > Article 14 of the Constitution, Justices C.K. Thakker and D.K. Jain > > said: > > "We do not > > find any infirmity or illegality in the judgment warranting > > interference." > > > > "... The legislature in its wisdom has thought it fit to retain such > > provisions in the statute in order to eliminate the danger of the > > disease > > being transmitted to other people from the person affected," it said. - > > PTI > > > > > > ________________________________ > > Notice: This email and any files transmitted with it are confidential > > and > > intended solely for the use of the individual or entity to whom they are > > addressed. If you are not the intended recipient, any dissemination, > > use, > > review, distribution, printing or copying of the information contained > > in > > this e-mail message and/or attachments to it are strictly prohibited. If > > you > > have received this email by error, please notify us by return e-mail or > > telephone and immediately and permanently delete the message and any > > attachments. 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Please consider the environment > before > printing this e-mail. > Thanks to all for making the convention successful; thanks also to Blind > Person's Association for the whole hearted support. > To unsubscribe send a message to [EMAIL PROTECTED] the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > Notice: This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they are > addressed. If you are not the intended recipient, any dissemination, use, > review, distribution, printing or copying of the information contained in > this e-mail message and/or attachments to it are strictly prohibited. If you > have received this email by error, please notify us by return e-mail or > telephone and immediately and permanently delete the message and any > attachments. The recipient should check this email and any attachments for > the presence of viruses. The Bank accepts no liability for any damage caused > by any virus transmitted by this email. > > Thanks to all for making the convention successful; thanks also to Blind > Person's Association for the whole hearted support. > To unsubscribe send a message to [EMAIL PROTECTED] the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > -- Warm regards, Subhash Chandra Vashishth Mobile : +91-11-9811125521 No trees were harmed in the transmission of this email, although a few electrons were mildly inconvenienced. Please consider the environment before printing this e-mail.
Thanks to all for making the convention successful; thanks also to Blind Person's Association for the whole hearted support. To unsubscribe send a message to [EMAIL PROTECTED] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
