Delhi High Court Upholds Constitutional Rights of Disabled Individuals to Pursue Professions and Businesses

Delhi High Court Upholds Constitutional Rights of Disabled Individuals to Pursue Professions and Businesses

VoM News Desk | September 15, 2023 | 04:33 PM IST | Breaking News, Courts & Law | Follow on Google News

Delhi High Court Upholds Constitutional Rights of Disabled Individuals to Pursue Professions and Businesses. Image/ NDTV

In a landmark decision, the Delhi High Court has affirmed that a person’s disability should not deprive them of their constitutional right to practice a profession, occupation, trade, or business. Justice Sachin Datta emphasized that denying disabled individuals these rights would be regressive and contrary to constitutional guarantees.

Challenging an Eviction Order

This significant ruling emerged from a petition filed by tenants who contested a lower court’s order to evict them from a rented shop in Delhi’s Ajmeri Gate area. The eviction was based on the landlord’s claim that the premises were required for her dependent son to start a business.

Low Vision and Disability

One of the key arguments raised by the petitioners was that the landlord’s son had low vision, which could not be improved despite treatment, and therefore, he was unable to run a business independently.

Court’s Rejection of the Contention

The court firmly rejected this contention, asserting that the eviction order was justified and consistent with constitutional principles. It emphasized that the argument put forth by the petitioners contradicted the objectives and provisions of the Rights of Persons with Disabilities Act, 2016.

Protection of Constitutional Rights

The Delhi High Court underscored that a person’s disability should not impede their constitutional rights to engage in any profession, occupation, trade, or business. Denying these rights would not only be against constitutional principles but would also undermine the objectives of the Rights of Persons with Disabilities Act.

Retrograde and Unacceptable

Justice Sachin Datta emphasized that considering an individual’s alleged low vision or disability as a basis for denying their legitimate need for premises to carry out a business would be “wholly retrograde” and unacceptable. Such an approach would run counter to constitutional guarantees under Articles 14, 19, and 21, which protect the rights of all citizens.

Rejection of Discriminatory Beliefs

The court also condemned the assertion made by the petitioners that the landlord’s son was incapable of running a business due to his impaired vision. It described this assertion as “most reprehensible” and deserving outright rejection.

This ruling by the Delhi High Court not only upholds the rights and dignity of disabled individuals but also reinforces the principles of inclusivity, equality, and non-discrimination as enshrined in the Indian Constitution.

VoM News Desk

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