Home / Health / Disability Law Gap: Rare Blood Disorders Excluded?
Disability Law Gap: Rare Blood Disorders Excluded?
1 Dec
Summary
- Supreme Court questions government on haemophilia inclusion.
- Rare blood disorders face exclusion despite legal recognition.
- Flaw in reservation design limits rights for disabled individuals.
A recent Supreme Court notice to the central government highlights a critical implementation gap within India's disability rights framework. While rare blood disorders like haemophilia are listed under the Rights of Persons with Disabilities Act, 2016, individuals affected by them continue to face exclusion from crucial benefits.
The core issue stems from a flaw in the Act's reservation design, which prioritizes 'visible' disabilities and mirrors outdated categories from a previous law. This results in many legally recognised disabilities, including haemophilia, being omitted from affirmative action pathways for higher education and government employment.
This litigation, focused on haemophilia, underscores a broader misalignment where legal recognition has expanded, but entitlements have not kept pace. A positive outcome could ensure that all disabilities recognised under the Act are meaningfully included, bringing the law's rights-based intent closer to full implementation and ensuring equal opportunity.
