‘Breaking Barriers Beyond Accessibility’: Madras HC on Deep-Rooted Bias Against Disabled Persons

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The Madras High Court, in a recent order by Justice N Anand Venkatesh, highlighted that persons with disabilities face barriers beyond physical accessibility, rooted in societal prejudice and stereotypes. Ruling on a petition by disabled engineer B Vidyasagar, the court stressed that constitutional courts must understand the wide-ranging societal and institutional barriers limiting disabled individuals’ full participation and inclusion.

Chennai: The Madras High Court recently highlighted that the obstacles faced by persons with disabilities extend beyond physical accessibility, rooted deeply in prejudice, stereotypes, and misconceptions entrenched in various layers of society.

Justice N Anand Venkatesh made this observation while ruling in favor of B Vidyasagar, an Assistant Engineer at the Tamil Nadu Housing Board, who had filed a petition seeking a waiver on the requirement to produce a certificate for passing a Tamil language test. He also sought pending increments and promotion per a Government Order dated May 23, 2022.

Justice Venkatesh noted that barriers for persons with disabilities are pervasive in domains such as education, employment, health care, and public services, creating substantial hindrances to their full inclusion.

“From education and employment to health care and public services, persons with disabilities often face significant obstinance that hinder their full participation and inclusion,”

he remarked.

In his order, Justice Venkatesh emphasized the need for Constitutional Courts to recognize and understand the comprehensive challenges that persons with disabilities encounter, which encompass societal, attitudinal, cultural, institutional, structural, legal, and environmental barriers.

By calling attention to these critical issues, the court underscored the importance of addressing bias at multiple levels to foster a more inclusive society.

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