For disabled, recognition doesn't always mean rights, Pg13

Key Highlights:

• The Supreme Court has issued a notice to the central government regarding the inclusion of haemophilia under the Rights of Persons with Disabilities Act, 2016 (RPwD Act).
• Petitioners argue that individuals with haemophilia face mobility limitations and recurrent hospitalizations, yet are denied benefits available to other recognized disabilities.
• The court emphasized that the rights of persons with long-term health conditions must be grounded in social justice and equality.
• The RPwD Act recognizes haemophilia, thalassaemia, and sickle cell disease among its 21 disabilities, but implementation gaps exist.

Detailed Insights:

• The RPwD Act aimed to shift from a medicalized view of disability to a socio-medical model, expanding legal protection and adopting a rights-based framework.
• Entitlements under the Act, such as reservation in education and jobs, apply mainly to persons with benchmark disabilities (40% or more).
• Job reservations are limited to specific categories, often excluding those with legally recognized disabilities who meet the benchmark threshold.
• The system prioritizes "visible" or traditionally recognized disabilities, reflecting the categories from the 1995 Act, undermining the broader intent of the 2016 law.
• Individuals excluded from reservation may also be screened out of employment as "medically unfit," lacking both fair opportunity and affirmative action.
• The core issue is a design flaw where legal recognition does not automatically ensure meaningful inclusion for all disabilities under the RPwD Act.

Key Concepts Involved:

• Rights of Persons with Disabilities Act, 2016 (RPwD Act): Indian legislation protecting and promoting the rights of persons with disabilities.
• Benchmark Disability: A disability level of 40% or more, entitling individuals to specific benefits and reservations under the RPwD Act.
• Affirmative Action: Policies and practices designed to address past and present discrimination and ensure equal opportunities for marginalized groups.