In the case of Javed Abidi Foundation v. Union of India , before the Supreme Court, presided over by the coram of Justices A.M. Khanwilkar, Sanjiv Khanna and J.K. Maheshwari, the Javed Abidi Foundation asked for clear directions that would allow equal participation of specially-abled children to participate in online classes.
The plea was specially directed towards the Department of Empowerment of Persons with Disabilities and the Department of Higher Education to come up with plans and guidelines to ensure the implementation of the Rights of Persons With Disabilities Act (RPWD), 2016.
Advocate Sanchita Jain, representing the Javed Abidi Foudation asked the Supreme Court to apply Section 89 of the RPWD, 2016 Act, if any contravention to equal participation of students with disabilities takes place.
Section 89 has fines of Rs 10,000, Rs 50,000 and extendable till Rs 5Lakh, if rules under RPWD Act, 2016 are contravened.
The bench of the Supreme Court directed the Centre to come up with its amendment and guidelines within two weeks, and file its notice within 4weeks.