Tuesday, April 27, 2021

Supreme Court: Testimony of a witness with disability not inferior; intersectionality need to be taken in to account while determining the case.

Court : Supreme Court of India

Bench:  Hon'ble Chief Justice Dr Dhananjaya Y Chandrachud & Hon'ble Justice M R Shah

Case No: Criminal Appeal No 452 of 2021

Case Title: Patan Jamal Vali v. State of Andhra Pradesh

Citation: 2021 INSC 272

Date of Judgement: April 27, 2021


Testimony of a witness with disability cannot be considered inferior to that of their able-bodied counterparts only on account of the disability. Crimes against Women, Caste-based Violence, lntersectionality, Gender Evidence, Testimony of Person with Disability.

The case was about the rape of a girl with visual impairment belonging to a Scheduled Caste. The SC affirmed the conviction of the appellant for rape of the girl with visual impairment. The court discussed that it is imperative to take into account the inter sectionality while determining the case. The court emphasised that threats against women with disabilities in India are not uncommon and can lead to feelings of powerlessness. However, the court clarified that by this they did not mean to subscribe to the stereotype that persons with disabilities are weak and helpless, rather aim to highlight the increased vulnerability in such cases, and cited reports such as the 2018 report by Human Rights Watch. The court also gave certain guidelines including the need for Awareness-raising campaigns, in accessible formats, to inform women. 

Monday, April 5, 2021

USA: Justice Department moves unopposed motion to intervene as Plaintiff in a Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Vision Disabilities

Dear Colleagues,

This is a disability rights enforcement action by the Justice Department of United States of America against the City of Chicago, seeking to remedy the city’s failure to provide people who are blind, including those who are deaf-blind or have low vision, equal access to pedestrian safety information at intersection crossings, which the city provides almost exclusively through visual-only pedestrian signals.  The United States has sought declaratory, injunctive, and compensatory relief for this violation of Title II of the Americans with Disabilities Act of 1990. 

Having moved an unopposed motion to intervene as a plaintiff in this disability discrimination lawsuit filed by private plaintiffs American Council of the Blind of Metropolitan Chicago, Ann Brash, Maureen Heneghan and Ray Campbell against the City of Chicago under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504), the Department of Justice found in its investigation that the allegations were true.

The complaint alleges that the city of Chicago fails to provide people who are blind, have low vision, or are deaf-blind with equal access to pedestrian signal information at intersections. Pedestrian signal information, such as a flashing “Walk/Don’t Walk” signal, indicates when it is safe to cross the street. 

Accessible pedestrian signals (APSs) are devices that provide pedestrians with safe-crossing information in a non-visual format, such as through audible tones, speech messages, and vibrotactile surfaces. Since at least 2006, Chicago has recognised the need to install APSs for pedestrians with visual disabilities. Yet, while Chicago currently provides sighted pedestrians visual crossing signals at nearly 2,700 intersections, it has installed APSs at only 15 of those intersections. 

Thus over 99% of Chicago’s signalised intersections subjects people who are blind, have low vision, or are deaf-blind to added risks and burdens not faced by sighted pedestrians, including fear of injury or death which in contravening the ADA and Section 504 that require that individuals with disabilities have equal access to public services, including access to pedestrian crossing information that is critical for safety and for full participation in community life.

Petition seeks to ensure that Chicagoans with disabilities are provided equal access to city services, particularly those services whose purpose is public safety.

The motion and complaint seeking intervention were jointly filed by the Disability Rights Section of the department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Illinois.