The Madras High Court on Monday has recognized that the challenges faced by persons with disabilities extend far beyond mere physical accessibility.
These challenges are deeply rooted in societal prejudices, stereotypes, and misconceptions that pervade various aspects of life.
Justice N. Anand Venkatesh made these remarks in a recent ruling that granted relief to B. Vidyasagar, an Assistant Engineer with the Tamil Nadu Housing Board, who is disabled.
Vidyasagar had petitioned the court seeking a directive to authorities to refrain from requiring him to produce a certificate of passing the Tamil Language Test, as per a government order dated May 23, 2022. He also sought the release of his pending increments and promotions.
In his order, Justice Venkatesh noted that individuals with disabilities frequently encounter significant obstacles in education, employment, healthcare, and public services, hindering their full participation in society.
He emphasized that a Constitutional Court must understand and address the various barriers—social, attitudinal, cultural, institutional, structural, legal, and environmental—that persons with disabilities face daily.
The judge underscored the necessity for the court to eliminate these barriers through its rulings. Referencing a Supreme Court judgment, he stated that failing to provide reasonable accommodations for individuals with disabilities amounts to clear discrimination, which must be corrected by the court.
He highlighted that numerous Supreme Court rulings have established guidelines to prevent undue hardship on disabled individuals by imposing conditions typically required of able-bodied persons.
In this specific case, the petitioner suffers from a 100% hearing and speech impairment, making it impossible for him to participate in both the written and Viva-Voce components of the Tamil Language Test.
The judge noted the impracticality of requiring the petitioner to attend the Viva-Voce given his disability and concluded that reasonable accommodation was warranted.
Justice Venkatesh remarked that Vidyasagar had worked diligently for the Tamil Nadu Housing Board for the past ten years. He pointed out that if he were to lose his job now, he would face severe consequences due to his disability.
Therefore, the judge deemed this an appropriate case for granting exemption from the language test.
In light of these considerations, the court exercised its extraordinary jurisdiction under Article 226 of the Constitution of India, directing the Tamil Nadu Housing Board to exempt the petitioner from the Tamil Language Test requirement.
The judge ordered that a specific directive be issued within four weeks, citing this court ruling.
Additionally, as Vidyasagar had not received any increments or benefits due to his failure to clear the language test, the court instructed the authorities to extend all entitled benefits to him.
The judge mandated that appropriate orders be executed within eight weeks to ensure the petitioner receives the benefits he deserves.
