Case Note On Jeeja Ghosh & Anr. Vs. Union Of India & Ors. (2016) 7 SCC 761: A Jurisprudential Paradigm Shift - Dignity, Accessibility, And The Constitutionalizing Of Disability Rights In India
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Ms. Anushka Lunawat & Mr. Kabir Sindhi, LLB (Hons.), Faculty of Law GLS University
Case Note: Jeeja Ghosh & Anr. Vs. Union Of India & Ors. (2016) 7 SCC 761
Citation: (2016) 7 SCC 761
Date of Decision: May 12, 2016
Bench: A.K. Sikri, J. and R.K. Agrawal, J.
Jurisdiction: Supreme Court of India
I. Introduction
Although, the legal jurisprudence of disability rights in India has experienced a marked change of direction. Historically, Indian law addressed the subject of disability from a charitable- medical perspective. Disabled people were seen as recipients of social welfare rather than as independent holders of basic human rights. Where disability intersects with constitutional law and international human rights law, the case of Jeeja Ghosh v. Union of India represents a turning point which bridges the historic paradigm of charitable-medical law and the contemporary paradigm of human rights law. As such, it remains the Supreme Court's first, comprehensive adjudication specifically dealing with the rights of persons with disabilities to mobility and access to air travel.
