Madras HC | M. Sameeha Barvin Vs. Govt. of India (Min. of Youth and Sports)

Court:         Madras High Court

Bench:         Justice R Mahadevan

Case Title:  M. Sameeha Barvin Vs.  Govt. of India (Min. of Youth and Sports) and Four Others

Case No.      Writ Petition No. 16953 of 2021

Date of Judgement : 20 December  2021

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Brief Case

“Disabled women struggle with both the oppression of being women in male dominated societies and the oppression of being disabled in societies dominated by the able-bodied”  - Susan Wendell

This explains the tribulations faced by the petitioner, who finds it impossible to speak or listen, but able to achieve gold and silver medals in long jump and high jump at the State and National levels, having been denied the opportunity of participation in the Fourth World Deaf Athletics Championship, 2021, held at Lublin, Poland and being able to participate in the same only on the strength of the interim order dated 13.08.2021, on knocking the doors of this Court.

The 18-year-old M. Sameeha Barvin had moved the court alleging gender discrimination after AISCD refused to select her despite a good performance in the trials. In her petition, Sameeha said that of the 12 athletes who had participated, 10 were men and two women and she had finished first in the latter category. On seeking to know why she wasn’t selected, it was disclosed that the selection authorities were against sending a lone female member to the event. The athlete, who has 90 per cent hearing impairment, said this amounts to gender discrimination.

Justice R Mahadevan who investigated the issue said Sameeha’s effort can’t be ignored. “Even going by the past records of the petitioner, she had won 11 gold medals, one silver and one bronze in various state and national events. This achievement of the petitioner cannot be simply brushed aside,” he said. Furthermore, he stated that no female athletes were selected, and Barwin deserves to take part in the championship. 

“Admittedly, out of the five selected athletes, none of the female athlete were selected. In the female category, it was the petitioner who stood first and therefore, in all fairness, the petitioner ought to have been selected by the respondents so that she could bring laurels to the country by participating in the 4th World Deaf Athletics Championship,” the court said.

Interim order: 

The Madras High Court single bench had earlier issued an interim order directing the All India Sports Council of the Deaf (AISCD) to permit 18-year-old athlete Sameeha Barwin to participate in the World Deaf Athletics Championship to be held at Lublin, Poland from August 23-28,2021. The representative of the Ministry of Youth and Sports had said the ministry will abide by the court’s decision. 

The Final Order:

After the detailed analysis and findings, the Court  reached the conclusion that this was a case of discrimination based on the gender as well as the disability, due to which, the petitioner  faced several difficulties and barriers to participate in the international event. The State and Central Governments, being the competent authorities to provide and ensure support and safety to the sports women with disabilities, so as to inspire their confidence freely and take part actively in the events at all levels, have failed to do the same in an appropriate manner. 

Therefore, in exercise of the power  conferred under Article 226 of the Constitution of India, to render substantial justice, this court issues the following directions to the respondent authorities for the purpose of streamlining the policy qua woman athletes with disabilities, in consultation with experts, so as to enable them to participate in all the events at State, National and International levels, with equality and dignity:

(i)    to prevent or prohibit unfair discrimination against the women athletes with disabilities, on one or more grounds including race, gender, sex, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

(ii)    to provide adequate financial assistance and all other requisites to the women athletes with disabilities, so as to participate in all the events.

(iii)    to follow proper selection process, so as to enable the meritorious candidates to participate in the events.

(iv)    To provide necessary training and free medical facilities to all the women athletes with disabilities, who achieve meritorious level in the respective sports for participation in all the international games.

(v)    to provide all possible means to entertain women athletes with disabilities to utilise their fullest potentials and capabilities so as to achieve success in all the events.

(vi)    to provide all the disabled friendly materials, clothes, prosthetics and other accessories that may be required by the women athletes with disabilities in day today affairs, with incentives so as to encourage and nurture their excellence in the respective sports and to participate in the events at all levels.

(vii)    to extend the financial assistance to one of the family members, who accompany the disabled female athletes to participate in the international games. 

(viii)    To give effect to the principle of reasonable accommodation by providing all assistance that are required / requested by the females athletes with disabilities so as to enable them to participate in the international games, on par with males.

(ix)    to ensure safety and security of the female athletes with disabilities during their travel, irrespective of number of participants, so as to inspire their confidence freely and take part actively in the events at all levels.

(x )    to sensitize the male counter parts and inculcate the sense of equality in their mind, so as to maintain safe environment for women athletes at all levels.

(xi)    to reward all the disabled women participants in the international games, irrespective of their achievements or otherwise.

(xii)    Must ensure that all the women athletes whether with or without disabilities, be given equal treatment on par with males, so as to enjoy full and equal rights and freedoms and to maintain their dignity.

Read the Court Order embedded below:

Supreme Court | Ravinder Kumar Dhariwal Vs. Union of India | Civil Appeal No. 6924 of 2021 | 17 Dec 2021

Court: Supreme Court of India
Bench: Dr Dhananjaya Y Chandrachud, J. Surya Kant, J. and Vikram Nath, J.
Case title : Ravinder Kumar Dhariwal Vs. Union of India
Case No.: Civil Appeal No.6924 of 2021
Authored by: Dr Dhananjaya Y Chandrachud
Date of Judgement: 17 December 2021

Brief

In a significant judgment, the Supreme Court of India has reinforced the rights of employees with mental health conditions under the Rights of Persons with Disabilities Act, 2016 (RPwD Act), setting aside disciplinary proceedings against a CRPF officer who had developed Obsessive-Compulsive Disorder and Major Depression during service.

The appellant, recruited to the CRPF in 2001, began suffering from psychosocial disabilities in 2009. In 2010, while posted in Ajmer, he faced complaints of unauthorized absence, use of unparliamentary language, and threats—events that occurred when his mental health was deteriorating. Despite being diagnosed with a 40–70% permanent disability and declared unfit for duty in 2016, he faced multiple disciplinary inquiries.

The legal dispute involved the interplay between the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and the Rights of Persons with Disabilities Act 2016 (RPwD Act, 2016), alongside government notifications exempting CRPF "combatant personnel" from certain protections.

The appellant was a Central Reserve Police Force personnel who started facing obsessive-compulsive disorder and clinical depression. A complaint was registered against the appellant by his superior Deputy Inspector General of Police stating that his mental state is not sound and he might be a threat to himself and others. Pursuant to the complaint, an enquiry was initiated against the appellant and he was suspended from service. The Supreme Court,  concluded that persons with mental health disorders have a right against workplace discrimination and are entitled to reasonable accommodation.

Examples of reasonable accommodation for persons with a mental disability might include quiet office space, changes in supervisory methods, and permission to work from home. The Supreme Court held that Section 20(4) of the RPwD Act advances the guarantee of reasonable accommodation to persons with mental disabilities.

The Government establishment has a positive obligation to shift an employee who acquired a disability during service to a suitable post with the same pay scale and service benefits. The provision further states that if it is not possible to adjust the employee against any post, they may be kept on a supernumerary post until a suitable post becomes available or when they attain the age of superannuation, whichever is earlier.

Key Findings of the Supreme Court

1. RPwD Act Applies – The Court held that the 2016 Act, not the 1995 Act, governed the case.

2. Exemption Notifications Inapplicable – The 2002 exemption for CRPF under Section 47 of the 1995 Act did not carry forward, and the 2021 RPwD Act notification did not apply, as the appellant’s rights crystallized in 2020.

3. Broader Anti-Discrimination Mandate – Section 20 of the RPwD Act has a wider scope than Section 47 of the 1995 Act; rights against discrimination are inherent in the statute and informed by Article 5 of the UN CRPD.

4. Mental Health as Disability – The Court recognized mental health disorders as disabilities under the RPwD Act, moving away from outdated, stigmatizing approaches.

5. Misconduct & Disability – Where conduct is influenced by mental disability, disciplinary action may amount to indirect discrimination, even if disability is not the sole cause.

6. Reasonable Accommodation Required – Under Section 20(4), employers must explore reassignment to an equivalent post with preserved pay and benefits, factoring in safety considerations.

7. International Influence – The Court drew on the UN CRPD and ILO Code of Practice to reinforce a rights-based approach.

Judgment Outcome

• Disciplinary proceedings quashed from the first inquiry stage.
• Directed reassignment of the appellant to a suitable post with equivalent pay, benefits, and service conditions, ensuring no role involving firearms or hazardous duties if unsuitable.
• Affirmed that psychosocial disabilities require proactive workplace accommodation, not punitive action.

Commentary

This decision marks a historic shift in Indian disability jurisprudence, particularly for employees with mental health conditions. The Supreme Court not only clarified that protections under the RPwD Act apply to acquired disabilities in service but also addressed the unique ways in which mental disabilities can intersect with workplace discipline.

By recognising indirect discrimination—where facially neutral policies disproportionately disadvantage persons with disabilities—the Court aligned Indian law with international human rights standards.

The ruling sends a strong message to government and security forces: disability rights extend beyond physical impairments and include psychosocial disabilities, with an obligation to provide reasonable accommodation rather than resort to termination or punishment.

Read the judgement embedded below:

Temporary Disability Certificate subsumes the requirement of " long- term impairment" - can't be used to deny reservation benefits under RPWD Act

Court: Delhi High Court
Bench: Hon'ble Justice Prateek Jalan
Case No.: W.P.(C) 13146/2021
Case Title: Anmol Kumar Mishra (minor) v. Union of India & Ors.
Date of Judgment: 29 November 2021

Background

The Delhi High Court has clarified that the temporary Disability Certificate cannot be ground to deny reservation benefits  under section 32, while offering an inclusive interpretation of the RPWD Act. The writ petition was filed challenging the cancellation of the petitioner’s admission to IIT Kharagpur under the Persons with Disability (PwD) category in the Joint Entrance Examination (JEE) process.  

The petitioner suffered from keratoconus, a visual impairment condition, and possessed a disability certificate certifying 40% disability under the category of low vision. The certificate described the disability as temporary and valid for one year.

Prior to participating in the admission process, the petitioner had specifically sought clarification from various IITs regarding his eligibility under the PwD category. He was informed that he would be eligible subject to submission of a valid disability certificate. Thereafter, he successfully cleared the examination and was allotted a seat in the Electronics and Electrical Communication Engineering Dual Degree course at IIT Kharagpur.

However, his admission was subsequently cancelled on the ground that the disability certificate mentioned that his condition was “likely to improve”, and therefore did not qualify for reservation benefits.  

Key Observations

The Delhi High Court examined the scheme of the Rights of Persons with Disabilities Act, 2016 and the Guidelines issued on 04 January 2018 governing assessment and certification of specified disabilities.  

The Court observed that neither the Act nor the statutory definitions of “person with disability”, “person with benchmark disability”, or “specified disability” distinguish between temporary and permanent disabilities in the context of visual impairment.

It noted that the applicable Guidelines specifically contemplate issuance of temporary disability certificates in certain conditions, including keratoconus, particularly for purposes such as pursuing education.

The Court held that once the petitioner possessed a valid certificate certifying 40% disability, denial of reservation solely because the condition was temporary or “likely to improve” amounted to an unduly restrictive interpretation of the statutory framework.

Importantly, the Court observed that the petitioner had fully disclosed the nature and validity of his disability certificate prior to the admission process, and the respondents themselves had earlier acknowledged his eligibility under the PwD category.

The Court emphasised that the RPwD Act is a beneficial legislation and must be interpreted liberally in a manner that furthers its objectives of inclusion and equal participation, rather than through narrow technical constructions that defeat statutory rights.

Directions Issued

• The communication cancelling the petitioner’s admission was quashed.
• The respondents were directed to take consequential steps forthwith for restoring the petitioner’s admission.
• The writ petition was allowed without costs.

Commentary

The judgment is significant in clarifying that disability rights under the RPwD Act cannot be denied through rigid distinctions unsupported by the statutory framework. By recognising temporary disability certificates as valid where expressly contemplated under the Guidelines, the Court adopted an interpretation consistent with the inclusive objectives of the legislation.

The decision also highlights the importance of institutional consistency and fairness in disability-related admissions. Having accepted the petitioner’s eligibility throughout the admission process, the subsequent denial based on the very nature of the disclosed certificate was correctly viewed as unsustainable.

Importantly, the ruling reinforces that beneficial legislation concerning persons with disabilities must be interpreted in a manner that advances substantive inclusion rather than creating procedural barriers through narrow or technical readings of eligibility conditions.

The judgment therefore strengthens the principle that statutory protections for persons with disabilities must operate practically and effectively, particularly in the sphere of access to higher education.

Read the judgement

               

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