Well, laying down law is definitely not the job of judiciary but that of
legislature and implementing it is that of executive. Judiciary comes into play
only when executive does not discharge its obligations properly or there is
need for proper interpretation.
However, judiciary also comes into play when legislature and executive
miserably fail to perform their duties, as it has done in case of sexual
harassment of women at workplace in vishakha's case, and till this day, supreme
court guidelines promulgated about 13 years ago are being followed to redress
it in absence of a law to address the menace.
In case of disabled, though law exists, its proper implementation and
interpretation leaves much to be desired.
If a Kritika has to go to court for getting admitted into physiotherapy, and
succeeds, it should solve the problem of thousands of Kritikas by way of laying
down proper interpretation.
However, our judiciary is absolutely averse to such an approach, except much
touted PILs, and I am sure many kritikas would have to knock the high doors of
courts for procuring similar rights of theirs and many more would not be able
to do so.
My whole point is: one case properly decided, should avoid similar litigation
for many more in the pipeline by clarifying the law and facilitating its proper
implementation, but it does not happen. It is not merely confined to disability
litigation only.
And yes, I also feel disability sector is hardly bothered about ongoing
legislative procedure, and if things remains they are, the whole process would
not give us anything substantially different from what we have at present by
way of disability act.
Implementation is of course another story!!!!
Here, I also request if the e mail IDs of committee members could be provided
to me so that I can forward my comments to them on almost all reports which I
have uploaded on the blog.
Regards
"If you believe that there is a God, a God that made your
body, and yet you think that you can do anything with
that body that's dirty, then the fault lies with the manufacturer."
--Lenny Bruce
(Rajesh Asudani)
Assistant General Manager,
Reserve Bank of India
Nagpur
09420397185
O: 0712 2806676
Res: 0712 2591349
-----Original Message-----
From: accessindia-boun...@accessindia.org.in
[mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Kotian, H P
Sent: Tuesday, August 03, 2010 1:31 PM
To: accessindia@accessindia.org.in
Subject: [AI] HC lets blind girl take up physiotherapy
Dear All
I have a different take on it. It is not the job of judiciary to frame rules.
It is the job of the executive.
Despite having a specialised law protecting the rights of the disabled, the
government is the primary delinquent flouting its own law.
If we the disabled carry the attitude it is someone else's problem then why
won't the executive throw rubbish on us? I am now speaking in context of the
new law. We the disabled are showing little in fixing in the lacunas in the
present law.
We shall wake up when it is too late and make hue and cry blaming everyone
except ourselves taking share of the blame.
Friends, ask yourselves how many have even visited the blog? Its URL is in the
bottom of every mail of AI.
Why this complicancy?
Harish Kotian.
Sure, Kanchan has done a wonderful job by procuring provisional admission at
least, for Kritika through judiciary.
However, if the situation has really to change, such judgments don't have to be
confined to an individual case, but courts have to lay down general principles
to be applied across cases.
For Instance, in this case, court could have laid down by way of ratio
decidendi, that admission to a VI need not be denied in a course if s/he is
qualified for admission and possibility exists that course can be undertaken by
reasonable accommodation.
Further, the presumption that certain disability prevents the study is
logically flawed, the educational institution has to establish it.
However, courts are not at all willing to lay down such principles, and so,
judiciary represents a battle ground where almost three crore individual
battles are going at present with average fighting period of 15 years at
present.
Regards
"If you believe that there is a God, a God that made your body, and yet you
think that you can do anything with that body that's dirty, then the fault lies
with the manufacturer."
--Lenny Bruce
(Rajesh Asudani)
Assistant General Manager,
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