Differently abled should get insurance benefit during lifetime of guardians: SC
AmitAnand.Choudhary@timesgroup.com
New Delhi: 04.01.2019
The Supreme Court on Thursday said any insurance policy taken by parents or guardians for a differently abled child should be allowed to mature after the proposer attains the age of 55 years against the present practice of giving a lump sum payment to the disabled dependent only in the event of death of the guardian.
A bench of Justices A K Sikri, Ashok Bhushan and Abdul Nazeer said there could be “harsh cases” where disabled dependents may need payment on annuity or lump sum even during the lifetime of their parents/guardians and asked the Centre to examine the issue.
The court also asked the legislature to consider amendments in Section 80DD of the Income Tax Act where exemption is given only to those investments made by a guardian for insurance policy, which provides payment to disabled persons only after the death of the proposer. The court said the judiciary cannot taken upon itself the task to amend the law and it is for Parliament to examine it.
“For example, where guardian has become very old but is still alive, though he is not able to earn any longer or he may be a person who was in service and has retired from the said service and is not having any source of income. In such cases, it may be difficult for such a parent/guardian to take care of the medical needs of his/her disabled child. Even when he/she has paid full premium, the handicapped person is not able to receive any annuity only because the parent/guardian of such handicapped person is still alive. There may be many other such situations. However, it is for the legislature to take care of these aspects and to provide suitable provision by making necessary amendments in Section 80DD of the Act,” the court said.
The court passed the order on a plea filed by differently abled petitioner, Ravi Agrawal, who sought its direction to the Centre and Life Insurance Corporation to allow the beneficiary of insurance policy to withdraw amount during the lifetime of parents who had taken Jeevan Aadhar policy from LIC for the livelihood of their children.
Even the chief commissioner for persons with disabilities also came in support of the petitioner and had said that like other policy-holders, Jeevan Aadhar policy should also be allowed to mature after 55 years of age of the proposer and the annuity amount should be disbursed.
Chaining mentally-ill patients against human dignity, says Supreme Court
New Delhi:
The Supreme Court on Thursday expressed concern over the practice followed in some mental asylums to keep patients chained and said it must stop as it is against human dignity.
A bench of Justices A K Sikri and S Abdul Nazeer said that people suffering from mental illness are also human beings and keeping them handcuffed or chained is violation of their human rights. It said patients could be kept in isolation in case they are violent and the remedy is not in keeping them chained.
The court took cognizance of a mental asylum in Badayun district in Uttar Pradesh where patients are kept shackled and agreed to hear a PIL filed by lawyer Gaurav Bansal on the issue. The court said the issue is of serious concern and the patients need to be unchained forthwith. It issued notice to Centre and UP government seeking their response.
Solicitor general Tushar Mehta assured the court that he will look into the issue and take instruction and brief the court on Monday.
“How can it be done? The issue is of serious concern. People suffering from mental illness are also human beings and their dignity cannot be compromised. It is atrocious and something has to be done immediately ,” the bench said.
The petitioner alleged that keeping person with mental illness in chains amounts to cruelty and inhuman treatment received by the poor. He said it is against the provision of Mental Healthcare Act 2017 which says that every person with mental illness shall be treated as equal to persons with physical illness in all healthcare. -Amit Anand Choudhary TNN
AmitAnand.Choudhary@timesgroup.com
New Delhi: 04.01.2019
The Supreme Court on Thursday said any insurance policy taken by parents or guardians for a differently abled child should be allowed to mature after the proposer attains the age of 55 years against the present practice of giving a lump sum payment to the disabled dependent only in the event of death of the guardian.
A bench of Justices A K Sikri, Ashok Bhushan and Abdul Nazeer said there could be “harsh cases” where disabled dependents may need payment on annuity or lump sum even during the lifetime of their parents/guardians and asked the Centre to examine the issue.
The court also asked the legislature to consider amendments in Section 80DD of the Income Tax Act where exemption is given only to those investments made by a guardian for insurance policy, which provides payment to disabled persons only after the death of the proposer. The court said the judiciary cannot taken upon itself the task to amend the law and it is for Parliament to examine it.
“For example, where guardian has become very old but is still alive, though he is not able to earn any longer or he may be a person who was in service and has retired from the said service and is not having any source of income. In such cases, it may be difficult for such a parent/guardian to take care of the medical needs of his/her disabled child. Even when he/she has paid full premium, the handicapped person is not able to receive any annuity only because the parent/guardian of such handicapped person is still alive. There may be many other such situations. However, it is for the legislature to take care of these aspects and to provide suitable provision by making necessary amendments in Section 80DD of the Act,” the court said.
The court passed the order on a plea filed by differently abled petitioner, Ravi Agrawal, who sought its direction to the Centre and Life Insurance Corporation to allow the beneficiary of insurance policy to withdraw amount during the lifetime of parents who had taken Jeevan Aadhar policy from LIC for the livelihood of their children.
Even the chief commissioner for persons with disabilities also came in support of the petitioner and had said that like other policy-holders, Jeevan Aadhar policy should also be allowed to mature after 55 years of age of the proposer and the annuity amount should be disbursed.
Chaining mentally-ill patients against human dignity, says Supreme Court
New Delhi:
The Supreme Court on Thursday expressed concern over the practice followed in some mental asylums to keep patients chained and said it must stop as it is against human dignity.
A bench of Justices A K Sikri and S Abdul Nazeer said that people suffering from mental illness are also human beings and keeping them handcuffed or chained is violation of their human rights. It said patients could be kept in isolation in case they are violent and the remedy is not in keeping them chained.
The court took cognizance of a mental asylum in Badayun district in Uttar Pradesh where patients are kept shackled and agreed to hear a PIL filed by lawyer Gaurav Bansal on the issue. The court said the issue is of serious concern and the patients need to be unchained forthwith. It issued notice to Centre and UP government seeking their response.
Solicitor general Tushar Mehta assured the court that he will look into the issue and take instruction and brief the court on Monday.
“How can it be done? The issue is of serious concern. People suffering from mental illness are also human beings and their dignity cannot be compromised. It is atrocious and something has to be done immediately ,” the bench said.
The petitioner alleged that keeping person with mental illness in chains amounts to cruelty and inhuman treatment received by the poor. He said it is against the provision of Mental Healthcare Act 2017 which says that every person with mental illness shall be treated as equal to persons with physical illness in all healthcare. -Amit Anand Choudhary TNN
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