Legal Case Analysis: Exclusionary Nature of Sec. 2(r)

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18 Questions

What is the main motive of Article 14 in the Constitution of India?

In the context of the text, what was the outcome for the appellant regarding Chapter VI benefits and protections?

Why does the petition argue that the statute is under-inclusive?

What case developed the test of manifest arbitrariness in India?

How did the Supreme Court define 'manifest arbitrariness' in the case of Shayara Bano v. Union of India?

Why was the appellant not eligible for Chapter VI benefits according to the text?

What is the main concern regarding the administrative and educational affirmative action program for Persons with Disabilities (PwDs) in Indiana?

Why does Section 2(r) of the Rights of Persons with Disability Act, 2016 face concerns?

What is the core argument of the petition mentioned in the text regarding Section 2(r) of the Rights of Persons with Disability Act, 2016?

According to the doctrine of manifest arbitrariness, what may lead to discrimination besides conscious design or malicious intent?

In the case of 'Nitisha v Union of India,' what kind of discrimination framework was evolved by the Hon’ble Supreme Court?

What does indirect discrimination result from, as mentioned in the text?

What is a key concern raised in the text regarding the under-inclusiveness of a provision in the RPwD Act?

What principle is emphasized when statutes relate to an individual's constitutional rights?

How is the arbitrariness of provisions in the RPwD Act linked to social consequences?

Why is a thorough judicial review imperative in determining the adequacy of provisions related to PwDs?

What impact does under-inclusiveness have on the rights of PwDs according to the text?

How does excessive and disproportionate legislation impact the concept of manifest arbitrariness?

Description

Explore a legal case where the appellant is not eligible for Chapter VI benefits and protections due to not meeting the Sec. 2(r) standard. Learn about the acknowledgment of similar situations by the Hon'ble SC and the exclusionary nature of Sec. 2(r) as highlighted in the Mohamed Ibrahim case.

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