Avani Bhatia, Jadetimes Staff
Avani Bhatia is a Jadetimes media contributor covering legal news and updates.
The rights of persons with disabilities (PwDs) have gained increasing attention in India, particularly through the judicial system. In 2024, the Supreme Court of India delivered several landmark judgments that significantly advanced the legal framework protecting the rights of PwDs. These decisions addressed critical issues such as accessibility in public spaces, equitable educational opportunities, and the enforcement of existing laws designed to safeguard the rights of disabled individuals.
Key rulings emphasized the need for mandatory accessibility measures under the Rights of Persons with Disabilities Act, 2016, ensuring that public services are inclusive. The Court also tackled educational inequities by affirming that individuals with disabilities should not be automatically disqualified from pursuing medical education based on their disability status.
Furthermore, the establishment of assessment centers for disabilities was proposed to standardize evaluations and improve access to resources for PwDs.
Rights for PwDs
Mandatory Accessibility Rules
One of the most pivotal judgments came when the Supreme Court directed the Union Government to formulate mandatory rules under Section 40 of the Rights of Persons with Disabilities Act, 2016. This ruling aimed to ensure that public spaces and services are accessible to PwDs. The Court found that Rule 15 of the Rights of Persons With Disabilities Rules, 2017, was ultra vires as it lacked enforceable guidelines on accessibility1. The bench criticized the Union Government for its "gross default" in implementing the Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, of 1995, highlighting a systemic failure to provide necessary accommodations for disabled individuals.
Educational Rights and Medical Aspirants
In another significant ruling on October 15, 2024, the Court addressed the issue of medical education accessibility for candidates with disabilities. It ruled that merely having a benchmark disability should not disqualify a candidate from pursuing an MBBS degree unless a disability assessment board explicitly states that they are incapacitated from studying. This decision reinforced that the capacity to study must be evaluated on an individual basis rather than through blanket assumptions based on disability classifications.
Furthermore, in a case concerning an MBBS aspirant with a mental health condition, the Supreme Court mandated an expert review of disability assessments conducted by the National Medical Council. This was in response to concerns that the candidate had been unjustly denied reservation under the PwD quota due to their mental health status1. The Court's directive underscored its commitment to ensuring fair treatment in educational settings.
Inclusion in Counseling Processes
The Supreme Court also ruled in favor of a candidate with muscular dystrophy, allowing them to participate in NEET-UG 2024 counseling. The judgment emphasized that PwDs should not be viewed through a lens of sympathy but recognized as integral members of society deserving equal opportunities1. This perspective aligns with broader goals of inclusion and non-discrimination.
Establishing Assessment Centers
In response to a public interest litigation (PIL), the Supreme Court issued notices regarding the establishment of assessment centers for disabilities across states. This move aims to strengthen the framework governing disability assessments and ensure compliance with the Rights of Persons with Disabilities Act, 2016.
Upholding Fundamental Rights
A notable ruling in November confirmed that access to environments and opportunities is a fundamental human right for persons with disabilities. This judgment reiterated that without reasonable accommodations, constitutional guarantees such as equality and non-discrimination would remain hollow for disabled individuals. The Court's findings emphasized that reasonable accommodation is essential for enabling PwDs to enjoy their rights fully.
Society must prioritize awareness campaigns to educate the public about the rights of PwDs. Understanding disability as a social construct rather than merely a medical issue can help shift perceptions and reduce stigma. Educational institutions should incorporate disability studies into their curricula to promote empathy and understanding from a young age.
Increasing representation of PwDs in decision-making processes at all levels of government and society is vital. Their voices should be included in discussions about policies affecting their lives, ensuring that, solutions are informed by those most impacted.
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