“Since the inception of mankind, many lacs have suffered from different types of physical handicaps (today about 600 million people suffer from such handicaps). But, many of them overcame all kinds of handicaps and achieved distinctions in various fields. Sarah Bernhardt – French actress was disabled by a knee injury. Her leg was amputated in 1914 but she continued to work on stage until just before her death. Beethoven was deaf when he composed his 9th symphony. Winston Churchill, Walt Disney, Thomas Edison, Albert Einstein, Alexander Graham Bell, Nelson Rockefeller, George Washington and many others had learning disability. Stevie Wonder who was blinded during his childhood became a world famous pianist and singer. Brail, who was blind, had the distinction of inventing script for the blind. With the aid of brail script, a large number of physically handicapped (blind) made tremendous achievement in life. Dr. Hellen Keller who was blind became an international figure because despite her handicap, she discovered the world through her finger tips. Her achievements of difficult goals and her loving kindness made her life an inspiration for countless people all over the world. Soordas and Milton, both of whom were blind made poetry great by their brilliance and richness of thoughts and language. Edison, a great scientist and inventor was deaf. Byron, a great poet of England and Taimoor Leng, Mangolian warrior were lame. Maharaja Ranjit Singh, a great warrior and administrator was handicapped in eye sight. Mr. Mukat Behari Lal, who became blind at a young age, acquired phenomenal memory and argued cases after cases with extraordinary brilliance.”

– Hon’ble Judges G.S. Singhvi and A.K. Ganguly, Pritilalta Nanda, (2010) 11 SCC 674.

“Helen Keller has described these phenomena in the following words: “Some people see a closed door and turn away. Others see a closed door, try the knob and if it doesn’t open, they turn away. Still others see a closed door, try the knob and if it doesn’t work, they find a key and if the key doesn’t fit, they turn way. A rare few see a closed door, try the knob, if it doesn’t open and they find a key and if it doesn’t fit, they make one!”

– Hon’ble Judges A.K. Sikri and R.K. Agrawal, Jeeja Ghosh, [Writ Petition (Civil) No. 98 of 2012].

“The mental disability impairs ability of persons to comply with workplace standards in comparison to their able-bodied counterparts.“

– Hon’ble Judges Dr. D.Y. Chandrachud, Surya Kant and Vikram Nath, Ravinder Kumar Dhariwal, [Civil Appeal No.6924 of 2021] decided on 17.12.2021.

Ravinder Kumar Dhariwal, 2021 (13) SCR 823 highlighted right to equality and underlined two aspects: formal equality and substantive equality. It stated, substantive equality aims at producing equality of outcomes and observed, “principle of reasonable accommodation is one of the means for achieving substantive equality, pursuant to which disabled individuals must be reasonably accommodated based on their individual capacities.” Court recollected, Vikash Kumar v. Union Public Service Commission, 2021 (12) SCR 311 which held, “exclusion results in negation of individual dignity and worth or they can choose the route of reasonable accommodation, where each individual’s dignity and worth is respected.” Vikash Kumar dealt with a person with a chronic neurological condition resulting in writer’s cramp.

– Hon’ble Judges S. Ravindra Bhat and Aravind Kumar, Mohamed Ibrahim, [Civil Appeal 6785 of 2023] decided on 16.10.2023.

Court in Mohamed Ibrahim, Civil Appeal No. 6785 of 2023 clarified, employees with conditions like colour blindness must still be accommodated wherever their functional capacity permits. To do otherwise would result in a regressive interpretation of the law, undermining the very foundation of equal opportunity in public employment.

– Hon’ble Justice Aravind Kumar, Ch. Joseph, [Special Leave Petition (Civil) No. 36278 of 2017] decided on 04.08.2025.

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Court is not to be carried away by a projection of facial equality. Court is obliged to probe as to whether beneath veneer of equality there is any invidious breach of Article 14.

This concept of ‘reasonable accommodation’ came in for judicial interpretation in Vikash Kumar, (2021) 5 SCC 370. Court held, principle of ‘reasonable accommodation’ captures positive obligation of State and private parties to provide additional support to persons with disabilities to facilitate their full and effective participation in society.

– Hon’ble Justice K.V. Viswanathan, Omkar Ramchandra Gond, [Civil Appeal No. 10611 of 2024] decided on 15.10.2024.

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Omkar Ramchandra Gond, 2024 SCC OnLine SC 2860 referred to Article 41 of Directive Principles of State Policy which provided, State was within limits of its economic capacity and development to make effective provisions for securing right to work and education for persons with disabilities. Omkar Ramchandra Gond highlighted respect for inherent dignity; individual autonomy including freedom to make one’s own choices; non-discrimination; full and effective participation and inclusion in society; respect for difference and acceptance of persons with disabilities as part of human diversity and humanity; equality of opportunity and accessibility.

A flexibility in answering individual needs and requirements is an essential component of ‘reasonable accommodation’. There cannot be a ‘one size fits all’ approach. A ‘both hands intact…’ prescription has no sanctity in law.

Om Rathod, 2024 SCC OnLine SC 3130 reinforced Omkar Ramchandra Gond.

– Hon’ble Justice K.V. Viswanathan, Anmol, [Civil Appeal No. 14333 of 2024] decided on 21.02.2025.

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Constitution of India is blind to differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.

Justice Zak Mohammed Yacoob served as a Judge on South African Constitutional Court from 1998 to 2013. He argued, belief of ‘one must ‘see’ a witness to assess credibility’ was unfounded. Justice David S. Tatel, a Judge on United States Court of Appeals for District of Columbia Circuit, preferred to be recognized as a Judge who happens to be blind rather than a blind Judge.

A visually impaired candidate cannot be said to be ‘not suitable’ for Judicial Service and they are eligible to participate in selection for posts in Judicial Service. Rule 6A of The Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 is struck down.

– Hon’ble Justice R. Mahadevan, In Re: Recruitment of Visually Impaired in Judicial Services, [Suo Motu Writ Petition (Civil) No. 2 of 2024] decided on 03.03.2025.

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The right to life under Article 21 undoubtedly extends to all prisoners, including those with disabilities. Every prisoner with a disability shall be provided a nutritious and medically appropriate diet, tailored to their specific health and dietary needs. However, this does not confer a right to demand personalised or luxurious food choices. A non-supply of non-essential or indulgent items does not amount to a constitutional or human rights violation unless it results in demonstrable harm to health or dignity.

– Hon’ble Justice R. Mahadevan, L. Muruganantham v. State of Tamil Nadu, [Civil Appeal No. 9847 of 2025] decided on 15.07.2025.

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In a recent pronouncement in Kabir Paharia v. National Medical Commission, 2025 SCC OnLine SC 1025 Court reiterated constitutional and statutory mandate to dismantle arbitrary barriers imposed on persons with disabilities, particularly in access to higher education and professional opportunities.

– Hon’ble Justice Sandeep Mehta, Reena Banerjee v. Govt. of NCT of Delhi, [Civil Appeal No. 11938 of 2016] decided on 12.09.2025.

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The measure of a just and inclusive society lies not merely in freedoms it proclaims, but in opportunities it ensures for all its citizens to realize their fullest potential. Equality, in its truest sense, demands not uniformity but removal of barriers that prevent individuals from standing on equal footing. Constitution of India envisions, every person, regardless of physical or sensory limitation, can participate with dignity in nation’s collective journey. The law, as an instrument of justice, must therefore move beyond formal equality to ensure substantive inclusion, transforming rights from written promises into lived realities.

– Hon’ble Justice Sandeep Mehta, Mission Accessibility v. Union of India, [Writ Petition (Civil) No. 206 of 2025] decided on 02.12.2025.