Equate cancer with disability, says plea in Bombay high court
MUMBAI: The Bombay high court has sought responses from the central and
state coordination committees for persons with disabilities after a teacher
cured of cancer approached it, demanding the same rights granted to disabled
people.
Solapur resident Vinod Tambe was diagnosed with blood cancer in 1977 at the
age of seven. He was treated at Tata Memorial Hospital, and on March 16,
2005, issued a certificate by Chhatrapati Shivaji Maharaj Central Hospital
in Solapur declaring him "cancer-cured handicap" . Still, in spite of this,
Tambe found that he was not allowed to access facilities for handicapped
people. The primary school teacher subsequently moved court.
Tambe is seeking the benefits accorded to disabled persons in healthcare,
public transportation, education and employment. "The government should be
considerate towards someone who has gone to the doorsteps of death and
returned. Even though I am cured I still go through body pain. I am not like
a normal person," he said. Tambe's advocate claimed the director of
employment exchange had asked district employment officers to register
cancer-cured persons as handicapped. 'Govt applying narrow definition of
disability'
Solapur resident VinodTambe has moved the Bombay high court demanding that
cancercured persons be granted similar rights as the disabled. His advocateM
S Karnik ,during a hearing on July 12, pointed out that a circular issued by
the director of employment exchange on November 21,1983 ,instructed all
district employment officers to register cancer-cured persons as handicapped
persons .
But the Maharashtra government maintains that the circular was superseded by
the Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. The definitions of disabilities listed in the
act do not cover Tambe's case, it says.
Karnik argued that the authorities erred in applying a narrow definition of
the term "disability": "a person who has suffered from blood cancer even
after getting cured does suffer from disabilities arising from weakness of
the bones , joints or muscles , leading to substantial restriction of the
movement of limbs ." Karnik added that Tambe's case can be classified under
locomotor disability, which is recognized under the 1995 Act.
The advocate contended that various additional forms of disabilities should
be covered under the Act and the Rightof PersonswithDisabilities Bill, 2012.
Because of the current narrow definitions, he said, many people are deprived
of disability benefits.
Agreeing with him, a division bench of Chief Justice Mohit Shah and Justice
M S Sanklecha gave the instance of the rare genetic disorder, Hunter's
syndrome . In this, an enzyme the body needs is missing or insufficiently
generated, the judges said, leading to progressive damage, affecting
development and organ function. Karnik said among the responsibilities of
the central and state coordination committees is to continuously evolve
policies to solve the problems faced by disabled people and to advise
central and state governments. The judges issued notices to the committees
and posted the next hearing on August 7.
MAKING A CASE
THE PETITIONER
Vinod Tambe was diagnosed with blood cancer in 1977 and treated at Tata
Memorial Hospital. In 2005, he was issued a certificate by Chhatrapati
Shivaji Maharaj Central Hospital in Solapur declaring him 'cancer-cured
handicap'
THE PLEA
Cancer survivors should be granted the rights given to disabled people
Disabilities Under Right of Persons with Disabilities Bill, 2012
1) Autism spectrum disorder 2) Blindness 3) Cerebral palsy 4) Chronic
neurological conditions 5) Deafblindness 6) Haemophilia 7) Hearing
impairment 8) Intellectual disability 9) Leprosy cured 10) Locomotor
disability 11) Low vision 12) Mental illness 13) Muscular dystrophy 14)
Multiple sclerosis 15) Specific learning disability 16) Speech and language
disability 17) Thalassaemia 18) Multiple disabilities (two or more
disabilities listed as one to 17 occurring in a person at the same time)
Disabilities Defined Under Persons with Disabilities Act, 1995
1) Blindness 2) Low vision 3) Leprosy-cured 4) Hearing impairment 5)
Locomotor disability 6) Mental retardation 7) Mental illness
Times View
The government should treat such cases with utmost sympathy instead of going
purely by the rulebook. And, if need be, rules should change to provide
relief to people in distress. The court has done the right thing by
indicating there may be a need to take a fresh look at the law.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
----- Original Message -----
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