In a recent recommendation, the Chief Commissioner for Persons with Disabilities (CCPD) stated that private establishments such as businesses, societies, associations, and so on are bound by the accessibility requirements under the Rights of Persons with Disabilities Act, 2016 (the "RPwD Act"). It concluded in a case filed by Mr. Rahul Bajaj, an upcoming IP attorney, against Practo Technologies Private Limited ("Practo") and the Director General of Health Services ("DGHS"). In the case, Mr. Bajaj argued that the Practo application,…
Background
The Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment, Government of India published a Draft National Policy for Persons with Disabilities (hereinafter referred to as "National Disability Policy" or "Disability Policy") for comments from the general public. The proposed policy is expected to replace the prior policy of 2006, and bring India's policy for persons with disabilities in line with the UNCRPD, the RPwD Act, and other developments in the country. One of…
BananaIP Counsels has introduced Accessibility and Disability Law Services as a part of its Intellectual Property Law Service offerings. The objective of these services is to facilitate Persons with Disabilities (PwDs) connect with qualified lawyers and avail their assistance. This gives Persons with Disabilities an option to seek professional advice with respect to accessibility, accommodations, and assistance. These services may also be availed by organizations and companies to implement accessibility and reasonable accommodations in compliance with Rights of Persons with…
The Rights of Persons with Disabilities Act, 2016 ("RPwD Act") was enacted with the objective of giving effect to the provisions of the UN Convention of Persons with Disabilities to which India is a member state. The RPwD Act requires Government and private establishments to provide information, communications and documents in formats that are accessible to persons with disabilities. The Act also mandates establishments to provide reasonable accommodations, and states that not providing such accommodations amounts to discrimination. The Rights…