Delhi HC Issues Notice On Plea For Inclusion Of MRKH Type- II Syndrome As Benchmark Disability Under Rights Of Persons With Disabilities Act

The petition states that the MRKH Type- II Syndrome is characterized by congenital aplasia of the reproductive organs in women, which causes the vagina or uterus to be underdeveloped or absent. However, the condition is marked with normal development of secondary sexual characteristics and a normal 46, XX karyotype. It is stated that females suffering from this condition are unable to menstruate or have biological children.

The petitioner contends that this fulfils the requirement for being considered as a 'person with benchmark disability' under Section 2(r) of the RPWD Act.

The petitioner relied on the 'Disability Assessment Board Certificate', issued by the Health Services Department, Government of Kerala on 8th March 2018, which classified the MRKH Type- II Syndrome as constituting 50% disability.

The petition states that the UOI (Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment) rejected the petitioner's request to include MRKH Type- II Syndrome as a disability under the RPWD Act. It rejected her request on the ground that the syndrome is a congenital anomaly and does not affect the functioning of an individual in daily life to be considered as a disability.

During the hearing, the counsel for UOI argued that the reason for rejection of the petitioner's representation was that if the MRKH Syndrome would manifest into an impairment in the long term, leading to restrictions in daily life, the same would already covered as 'specified disability' under the RPWD Act. Thus, it was argued MRKH Syndrome itself may not be required to be separately included as a specified disability under the RPWD Act.

A single judge bench of Justice Sanjeev Narula heard the matter and noted that the petition requires consideration. The Court thus issued notice to the UOI.

It posted the matter for further hearing on 09 January, 2025.

Case title: Anu Aravind P vs. Department Of Empowerment Of Persons With Disabilities Ministry Of Social Justice And Empowerment (W.P.(C) 14922/2024 & CM APPL. 62605/2024)