Jayna Kothari and Nina de puy Kamp write on Disabilities Law in the Wire.
The article critically examines the basis of the decision of the Supreme Court to strike down section 309. Further, the author argues for the need for policy initiative, better access mental health care, and recognition of mental health care and health rights as a necessity for those contemplating and committing suicide.
The Rights of Persons with Disabilities Bill 2014 has garnered much criticism for its faulty drafting, and the manner in which the final draft of the Bill was made. In this article, Jayna Kothari highlights multiple issues with the Bill by focusing on the flawed definition of persons with disabilities in the Bill.
This Report examines the state of the right to health for persons with disabilities in India from the perspective of “equal access” and “non-discrimination.” It is based on an empirical study conducted by CLPR on the experiences of persons with disabilities in accessing healthcare. In addition to the empirical study, it also draws on the insight gathered from four zonal and one national consultation meetings organized by CLPR on disability rights. The outcomes from the consultations have been referenced in this paper. This Report was prepared for Human Rights Law Network, Indian Association of Muscular Dystrophy and National Alliance on Access to Justice for People Living with Mental Illness.
In January 2018, the present Public Interest Litigation was brought under the Rights of Persons with Disabilities Act, 2016 (“RPD Act”) challenging the actions of the Respondent No. 1 in the appointment of LPG distributors vide Notification dated 17.08.2018. In its call for the selection of 238 LPG distributors in various districts of Karnataka, the Respondent No. 1 failed to reserve 5% of the distributorships, amounting to 11 spots, for persons with disabilities as mandated under section 37 of the RPD Act. Instead, only 6 positions were reserved which was less than even 3% of 238 distributorships.
This petition challenges the recruitment process of Karnataka Public Services Commission (Respondent No. 1) for the post of Inspector of Motor Vehicles and the provisional list of candidates released on 30.06.2017 selected for the said post, released by Respondent No. 1. The Petitioners are persons with hearing impairments who wished to apply for the said post.
This Public Interest Litigation was filed by the National Federation of the Blind (Petitioner) in the interest of persons with blindness, under the Rights of Persons with Disabilities Act, 2016 (“RPD Act”). The petition challenged Circular No. 469/2018 dated 06.06.2018 (“Impugned Circular”) issued by the Respondent No. 1, Bangalore Municipal Transport Corporation (“BMTC”), by which the facility of free passes for Vajra (Volvo) buses to persons with total blindness was withdrawn.
These petitions were filed against the Bangalore Development Authority (“BDA”) and the State of Karnataka…
On 10th Feb 2018 the Karnataka High Court stayed all proceedings with respect to the allotment of 238 LPG distributorships in the state by the Indian Oil Corporation. A division bench of acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar stayed the post-notification proceedings after hearing the PIL filed by Karnataka Rajya Vikalachetanara Rakshana Samiti who claimed that no statutory reservation was provided to differently-abled people. Jayna Kothari, counsel of the petitioner, contended that IOC had reserved only 6 positions for the disabled, which amounted to less than 3 percent of the total distributorships, which did not comply with the 5 per cent mandated under Section 37 of the Rights of Persons with Disabilities Act, 2016.
Jayna Kothari was one of the panelists in this episode of ‘We The People’ which discussed mental health in Indian society.
According to the World Health Organisation, India is the most depressed country in the world with 36 per cent of citizens battling depression or other mental health issues. Suicide is the leading cause of death among young people. Adding to the grim picture is the almost negligible size of mental health care sector with just three psychiatrists per million Indians. On this edition of We The People, we ask: Is it time we acknowledged the existence of a looming threat to India’s young demographic in the form of severe mental crises? Can a measly expenditure of 0.06% of the health budget tackle this growing menace?
Jayna Kothari is quoted in this Article, which discusses the extent of autonomy an “Advance Directive” provided for by the Mental Healthcare Bill, 2013, will provide to a patient of mental healthcare.
Speaking at the seminar, Jayna Kothari, Founder, Centre for Law and Policy Research, Bangalore, said “a number of children with learning disabilities had no avenues of help from the government as their disorders do not come under the ambit of Person’s with Disabilities (PWD) Act, 1995.”
The Centre for Policy and Legal Research participated in the State Level Workshop on the legal issues pertaining to women and children with disabilities under the Rights of Persons with Disabilities Act, 2016 and other applicable laws.
Last week at CLPR: CLPR: On 9th Feb 2018 the Karnataka High Court stayed all proceedings with…
Disha Chaudhary and Kruthika R, associates working with CLPR discuss the positive and negative aspects of the Mental HealthCare Act, 2017 (“Act”).
While there were serious procedural and evidential errors in the trial that support a re-examination of his case, a pressing concern is Professor Bhullar’s mental health, which has deteriorated steadily over the last 18 years that he has been awaiting his fate.