Setalvad, Bar Exams, Disability

1. Gautam Patel's moving obituary on Atul Setalvad is worth reading.

2. On Bar Exams - If the Bar Council is going to regulate entry into the profession using a separate bar exam, shouldn't it get out of the business of regulating legal education? Does any one know if law schools are demanding autonomy as their fair share in the bargain?

Update: A reader says 'KN Chandrashekharan Pillai and NS Soman of CUSAT School of Legal Studies have argued for precisely this in a recent article in the "Kerala High Court Cases". I am sorry I cannot provide the citation as I don't have access to this journal right now.' Does anyone else have a scan/soft copy they can share?

3. Disability - In an apparently regressive judgment in Dalco Engineering v Padhye (March 2010), Justice Raveendran of the Supreme Court has held that the non-discrimination obligations under the Persons with Disabilities Act apply only to the State, and not to the private sector. The judgment fails to appreciate global trends where most democracies prohibit discrimination on the ground of disability in public as well as private sector. The case turned on the interpretation of section 2(k), which reads thus:
"establishment" means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or a Government company as defined in section 617 of the Companies Act 1956 (1 of 1956) and includes Departments of a Government;"
Interpreting this clause, the SC held that a company registered under the Companies Act is not 'a corporation established by or under a Central ... Act'. In light of precedents cited in the case, this appears to be an inescapable conclusion. Was it time to revisit those precedents? Or is it best to leave this for Parliament to clarify?

Centre for Disability Studies

Centre for Disability Studies – NALSAR University of Law, Hyderabad



Internship Programme for Law Students



The Centre for Disability Studies, NALSAR University of Law invites applications for its summer internship programme from interested undergraduate and postgraduate law students. The Centre headed by Professor Amita Dhanda is geared to generate legal knowledge on disability issues and to promote a rights based discourse on disability. The Centre is engaged in research-based activities to catalyze State and civil society understanding on disability rights along with documenting current developments in disability law and policy.



The Centre for Disability Studies functions through the following five wings (a) Teaching and Training; (b) Awareness Building and Sensitization; (c) Litigation and Conveyancing; (d) Research and Publication and (e) Documentation.



Currently, the Centre is involved with the following activities –



(1) Preparing the Country Report on the UN Convention on the Rights of Persons with Disabilities (UNCRPD)

(2) Proposing Amendments to the National Trust Act of 1999 in order to bring it in conformity with the CRPD

(3) Documenting the lived experience of persons with disabilities placed under legal guardianship

(4) Devising Customized Capacity Building Programs for Non-Governmental Organizations on the UNCRPD to enhance their community based initiatives on disability rights.

(5)Curriculum Development for an Awareness Raising Distance Education Program



The Centre will accept applications for a period of four to six weeks for the months of May, June and July. Applicants must state whether they are applying for a full-time internship based in Hyderabad or a part-time research internship. The part-time research internship will require students to conduct research and gather information about the state of the rights of persons with disabilities based on their location during the internship period for preparation of the Country Report on the UNCRPD. For effectively documenting the rights status of persons with disabilities in every part of the country, students based in the north-eastern states, hilly regions and rural areas are encouraged to apply. The centre is also keen to engage students with disabilities in various activities of the Centre. Internship applicants should submit an updated resume together with a one page personal statement, on interest in human rights generally and disability law and rights more particularly. The application must highlight the specific areas of interest of the applicant so as to facilitate the placement with a particular wing/current task of the Centre. Applications will be considered on a rolling basis. Applications, nominations and enquiries should be addressed to the Head of the Centre for Disability Studies at internships.cds@gmail.com