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Reading: SC: Differently abled persons should not have to face deprivation of information under the RTI ACT
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Home » Blog » SC: Differently abled persons should not have to face deprivation of information under the RTI ACT
JudgmentsNews

SC: Differently abled persons should not have to face deprivation of information under the RTI ACT

By Sanjana Chakraborty 2 Min Read
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The Apex Court on 27.09.2018, in Aseer Jamal v Union of India & Ors disposed of the petition which referred to a particular section of the Right to Information Act, 2005 where it was contended that those people belonging to the sections of illiterates or visually impaired, or suffering from any kind of disability were deprived of receiving information. As such the provision mentioned in the Act, was unreasonable creating a differentiation between the visually impaired and visually disabled persons thus violating the Right to Equality enshrined by the Constitution of India along with another contention of inaccessibility to the persons who are impaired orthopedically and o all those people who are poor and cannot afford an internet connection.

Initially, the petition had been filed for seeking reliefs while directing the the Union of India, the States and the Union Territories for providing a machinery to enforce the fundamental rights in such a manner that everyone has an access to such information along with providing a mechanism for visually impaired persons and all such persons being impaired and having no accessibility to internet connection.
It was contended that there were plenty of hotline numbers that would provide toll for free flow and access of information at all websites of RTI, followed by help desks to help out people with regard to any query in relation to the portal.

DECISION GIVEN BY SUPREME COURT OF INDIA:
The Supreme Court disposed of the writ by upholding that there was no further requirement for any directions to be issued excluding to providing of liberty to any petitioner for submitting a representation before an authority which was competent for receiving information under the Act and as such that the representation ought to be dealt in with a sense of empathy and sympathy and that persons who are differently abled ought to have facilities for receiving the information under the Act.

 

Full Judgment here:

https://www.sci.gov.in/supremecourt/2018/4982/4982_2018_Judgement_27-Sep-2018.pdf

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Sanjana Chakraborty September 28, 2018
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