Question
Download Solution PDFThe State of Kerala Vs Leesamma Joseph case deals with ______.
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is persons with disabilities.
Key Points
- State of Kerala Vs Leesamma Joseph:-
- The Supreme Court of India in its judgment on 28 June 2021 in the case of "State of Kerala vs Leesamma Joseph" affirmed that persons with disabilities have a right to reservation in promotion under Article 16(4) of the Constitution of India, 1950.
- While examining the constitutionality of Section 33 of the Rights of Persons with Disabilities Act, 2016, the Court noted that 'equality of opportunity' in matters of public employment includes provision of certain reservations in favour of persons with disabilities.
- Furthermore, it held that Article 16(4) of the Constitution, empowering the State to make provisions for reservation in matters of promotion in favour of any backward class of citizens, also includes persons with disabilities within its scope, regardless of the nature of their establishments, whether they belong to the public sector or the private sector.
Additional Information
- Rights of Persons with Disabilities Act, 2016 (RPDA):
- This is the principal legislation that protects the rights of individuals with disabilities in India.
- It replaces and strengthens the Persons with Disabilities Act, 1995.
- The RPDA complies with the United Nations Convention on the Rights of Persons with Disabilities, to which India is a signatory.
- The Act expands the list of recognized disabilities from 7 to 21, and mandates the central and state governments to take measures to ensure that persons with disabilities fully enjoy all human rights and fundamental freedoms.
Last updated on Jun 25, 2025
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