LAWS(BOM)-2018-8-213

MS. SACHI Vs. STATE OF MAHARASHTRA AND OTHERS

Decided On August 20, 2018
Ms. Sachi Appellant
V/S
State of Maharashtra and Others Respondents

JUDGEMENT

(1.) Heard Shri A.N. Vastani, learned Counsel for the petitioner and Ms. M.A. Barabde, learned A.G.P. appearing on behalf of respondents. By their consent and considering the nature of controversy placed before us, Writ Petition is taken up for final disposal by issuing Rule, making the same returnable forthwith.

(2.) Petitioner claims to be suffering from a specified disability, as defined in Section 2[zc] of the Rights of Persons with Disabilities Act, 2016 and complains of refusal on the part of respondent no.5 to issue her a certificate accordingly.

(3.) Defence of respondents is specified disability, claimed by the petitioner has been incorporated for the first time as a disability in the Rights of Persons with Disabilities Act, 2016. When the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was inforce, such disability was not legally recognized. The system used by respondents is in consonance with the above mentioned 1995 Act and it is not updated, and therefore, it is not compatible with 2016 Act.