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
Where the legal industry reads first.
Enjoyed this article? Get the biggest legal industry updates, deals, appointments, insights and expert interviews in your inbox, free.
No spam. Unsubscribe anytime.From Legal Desire
Is your firm the one being cited, or the one being skipped?
We ran the test. On several everyday legal questions, software companies are answering and law firms are not. We help firms fix that, and we build the technology behind the practice.
Lawyers and firms: get featured on Legal Desire
Share your deals, lateral moves, firm news and insights with 1M+ monthly readers: founders, law firm partners, general counsel and practising lawyers across the US, UK, EU and GCC.
Get featuredSubmit a press release
