Supreme Court Directs NMC To Issue Fresh Guidelines To Admit Persons With Disabilities Into Medical Courses

In a significant stride towards social recognition of the Rights of Persons with Disabilities (PwDs), the Supreme Court recently stressed the need to give opportunities to PwDs in the medical sector and devise qualitative standards for testing disabilities in the procedure for medical course admissions. The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra in its judgement allowed a candidate suffering from muscular dystrophy to participate in the ongoing counselling for NEET-UG 2024. In doing so, the Court underlined that Persons with Disabilities (PwDs) needed to be perceived not with an element of sympathy but as an essential part of the society we live in today. It is imperative to further the cause of inclusion of the PwDs to achieve the national project of eradicating all forms of discrimination that the Country is scarred with. “Persons with disability are not objects of pity or charity but an integral part of our society and nation. The advancement of rights for persons with disabilities is a national project along with eradication of all forms of discrimination. A component of this project is the inclusion of persons with disabilities in all pursuits of life.” The Court emphasised how including PwDs as part of the healthcare workforce would create a more sensitive and welcoming atmosphere for the community of PwDs at large, as the healthcare providers would be someone they could communicate and feel more comfortable with. The Court also scorned upon regulations which restrained PwDs from seeking admission to medical courses. “When we create avenues for inclusion, we work towards improving systems and institutions. In the context of healthcare, the inclusion of persons with disabilities is a vital component of quality healthcare. The guidelines and recommendations which express concern about "lowering the standard of medical practice" on account of persons with disabilities miss the fact that these standards may not be adequate to begin with.” The bench was hearing by a candidate facing 88% muscular dystrophy and was disqualified from pursuing MBBS on the ground that the NMC Guidelines require bringing down the disability to less than 80% for those with petitioner's condition to pursue MBBS. Notably, in Muscular Dystrophy, the individual's body muscles are progressively weakened and face a breakdown, making it difficult to carry out normal physical activities. Since the petitioner's disability could not be brought down to less than 80%, the Bombay High Court had refused to grant any relief. Earlier on October 3, the Supreme Court had ordered a reassessment of the petitioner by a committee of experts at AIIMS Delhi. However, on perusal of the expert committee report, the Court observed that there existed no definite guidelines to assess the disability with assistive devices as per the Govt. of India gazette guideline which notifes the guidelines for assessing the extent of 'specified disabilities'. A subsequent examination was then done by Dr Satendera Singh who runs an organization by the name of Infinite Ability, which has doctors who personally face disabilities. Inclusion Of PwDs Into Medical Practice Would Create A Welcoming Healthcare Atmosphere For The PwD Community Turning to the need to sensitise the medical and healthcare sector towards the potential and difficulties of the PwDs, the Court observed the need to diversify the workforce with the inclusion of PwDs in the practice. It noted that such diversification would hone the values and quality of the healthcare ecosystem.“The quality of a system is informed by its ability to empathise with and relate to the recipients. A system without adequate number of practitioners who have lived experiences will not be able to fully imagine the obstacles and grievances faced by a diverse population. Diversity of workforce is crucial for a diverse society, so that everyone may have a stake in the system and the system can effectively discharge its duties toward everyone.”Referring to Section 25 of the RPWD Act which outlines the positive obligation of Government and local authorities to provide healthcare to persons with disabilities, the Court opined that PwDs were entitled to receive 'barrier-free' access to all public and private healthcare institutions. It explained that such a barrier-free environment could only be created when PwDs witness the inclusion of their community on the practising side itself.“Removal of barriers can only be achieved if persons with disabilities feel comfortable while accessing healthcare. The barriers faced by a person may be physical, psychological and attitudinal. The inclusion of persons with disabilities within medical practice is vital to ensure that the approach of the medical community and of hospitals and other healthcare institutes is humane, sensitive and informed by lived experiences. It strengthens our fraternity. Therefore, the process through which medical aspirants with...

Supreme Court Directs NMC To Issue Fresh Guidelines To Admit Persons With Disabilities Into Medical Courses

Anmol Kaur Bawa

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