Disability Act 2016 – Rights should not merely remain on statute book – Spirit of legislation must be applied by all authorities in practical application with sensitivity and flexibility.

The petitioner – who is 100% visually impaired – had filled in application with the assistance of a person at a cyber cafe with  for recruitment in the Railway.  There was mistake in the year of birth of the petitioner i.e. 1992 was erroneously entered instead of 1993.

HELD that the mistake could have occurred inadvertently by the stranger or the candidate who himself filled in the application. The persons with visually impaired cannot be expected to be on equal footing with other candidates in terms of usual activities.   The Disability Act not only mandates ensuring equal opportunities for disable persons but also making necessary adjustments to their specific needs.  Visually impaired individuals may mistakes, such as typing errors, due to their impairment or may need to rely on others.  These errors, stemming from disability should not result in discrimination or unfair treatment.  Refusing to correct mistakes by visually impaired persons solely because of errors would violate the principle of equality.

Judgment dated 27.2.2024 in Writ Petition NO.10813 of 2023 of Shanta Digambar Sonawane Vs. Union of India and another