Barring disabled a sign of bias, violates their rights, says SC

NEW DELHI: Observing that no one wants to forfeit claim to pursue education or his/her preferred profession due to disability, Supreme Court has appealed for a change in the approach of govt authorities by focusing more on the ability and not the disability of such persons, and bring them into the social mainstream and allow the differently abled to pursue studies and jobs in their chosen field.

Allowing the plea of a medical aspirant who was denied admission to MBBS course due to a faulty assessment of his "disability", the top court said that if reasonable accommodation is denied to a differently abled person, it would amount to discrimination and a violation of fundamental rights, which would not only demean the individual's aspirations but also harm the country as a whole.

"The courts cannot be stupefied into inaction by the lack of adequate framework or expertise when questions of fundamental rights emerge. The flurry of cases concerning medical aspirants with disability which has come before this court shows that the overarching issue is a sense of over-medicalisation of disabled bodies by the assessment boards," said a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

"The approach often taken, due to inertia or unwittingly, is to assume that a person with disability may not be eligible for pursuing the course and then to put the candidates under tests to prove the assumption," it added.

CJI: Inclusion of disabled in med practice key to humane outlook

The approach focuses more on the disability of a person than their ability. This turns the principle of reasonable accommodation on its head. The question instead that the board ought to ask itself is this - what measures can be taken to ensure that the candidate with disability can start his/her MBBS course on an equal footing with their prospective classmates?" the court said.

This is one among the series of verdicts delivered in recent times to protect the interests of differently abled people who faced various bottlenecks in getting entry into educational institutions.

On Oct 16, in a landmark verdict meant to demolish entry barriers for people with disability in educational institutions, Supreme Court had held that quantified disability by itself will not disentitle a candidate from being considered for admission in educational institutions, and they would be eligible for admission if the disability assessment board opines that the disability won't come in the way of pursuing a course of study. Earlier, SC had quashed a rule that barred colour-blind students from gaining admission to MBBS courses.

CJI Chandrachud, who authored the verdict for the bench, said that the inclusion of persons with disabilities in medical practice is vital to ensure that the approach of the medical community, hospitals and other healthcare institutions is humane, sensitive, and informed by lived experiences. He said a society where discrimination and exclusion are addressed and eliminated will create a just and equitable system for all persons regardless of their identities.

"Persons with disability are not objects of pity or charity but an integral part of our society and nation. The advancement of rights for persons with disabilities is a national project along with eradication of all forms of discrimination. A component of this project is the inclusion of persons with disabilities in all pursuits of life," the CJI said.