Non-Issuance of Disability Certificate due to Caste based discrimination Petition - Part 4
Appendix
Appendix
EXTRACTS OF RELEVANT RULES / ACTS / OTHER PROVISIONS
1. RIGHTS OF PERSONS WITH DISABILITIES (RPwD) ACT, 2016
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Section 89 – Offences by Companies:
Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company shall be deemed guilty.
Section 92 – Punishment for offences against persons with disabilities:
Whoever,—
(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view;
(b) assaults or uses force to any person with disability with intent to dishonour him;
(c) denies food or fluids to a person with disability or confines him or her without lawful authority;
shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
2. BHARATIYA NYAYA SANHITA (BNS), 2023 (Equivalent to IPC)
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Section 132(1)(b) – Criminal Intimidation:
Whoever threatens another by any means, causing alarm, with intent to cause public humiliation or detriment, shall be punishable.
Section 197 – Public servant disobeying law with intent to cause injury:
Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself, intending to cause, or knowing it to be likely that he will cause, injury to any person, shall be punished.
Section 198 – Issuing False Official Document:
Whoever, being a public servant, fabricates or causes to be issued a false or misleading order or document, intending it to cause injury or wrongful gain.
Section 351 – Abuse of Authority:
Public servant who abuses power to intimidate, coerce, harass, or harm a citizen shall be punishable with imprisonment or fine or both.
Section 113 – Promoting Enmity Between Different Groups:
Whoever, by words, signs, visible representations promotes enmity between groups on grounds of religion, caste, race or community shall be punished with imprisonment which may extend to three years.
Section 153 – Acts Prejudicial to Maintenance of Harmony:
Deliberate acts, intended to outrage religious feelings or caste identity by insulting its beliefs, shall be punishable.
Section 351 – Abuse of Authority by Public Servant:
Whoever, being a public servant, abuses their authority to harass, coerce or manipulate shall be punishable.
3. CONSTITUTION OF INDIA
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Article 14 – Equality before law:
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15 – Prohibition of discrimination:
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
Article 16 – Equality of opportunity in matters of public employment:
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Article 21 – Protection of life and personal liberty:
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 21A – Right to Education:
The State shall provide free and compulsory education to all children of the age of six to fourteen years.
Article 14 – Equality before Law:
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15(1) – Prohibition of Discrimination:
The State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth.
Article 15(3) – Protective Discrimination:
Nothing in this article shall prevent the State from making any special provision for women and children.
Article 21 – Right to Life and Personal Liberty:
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 21A – Right to Education:
The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine.
Article 51A(e) – Fundamental Duties:
To promote harmony and the spirit of common brotherhood among all the people of India and to renounce practices derogatory to the dignity of women.
4. REPRESENTATION OF THE PEOPLE ACT, 1951
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Section 123(3) – Corrupt Practices:
The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language... shall be deemed to be a corrupt practice.
Section 8A – Disqualification on ground of corrupt practices:
The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted... and such person shall be disqualified for a period of six years.
Section 29A(5) – Conditions for political party registration:
The application shall contain an undertaking that the party shall bear true faith and allegiance to the Constitution of India as by law established.
Election Symbols (Reservation and Allotment) Order, 1968 – Para 16A:
The Commission may suspend or withdraw recognition of a political party for failure to observe the Model Code of Conduct or breach of its constitutional commitment.
5. NATIONAL EDUCATION POLICY (NEP), 2020 – Key Highlights
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- Calls for depoliticized curriculum.
- Emphasizes critical thinking, cultural plurality, and national integration.
- Advocates removal of ideological bias from learning materials.
6. INDIAN PENAL CODE (for context)
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Section 153A IPC – Promoting enmity between different groups on grounds of religion, race, place of birth, etc., and doing acts prejudicial to maintenance of harmony.
Section 505(2) IPC – Statements creating or promoting enmity, hatred or ill-will between classes.
(These provisions are now codified under BNS Sections 113 and 153 respectively.)
