Plea in Supreme Court challenges exclusion of adults with learning disabilities from receiving disability certificate

The Supreme Court on Tuesday issued notice in a writ petition challenging the exclusion of adults with specific learning disabilities (SLDs) from receiving certificates of disability for benefits under the Rights of Persons with Disabilities (RPwD) Act..A Bench of Justices Aravind Kumar and Augustine George Masih sought the response of the Central government..The plea has been filed by a final-year PhD student at Jawaharlal Nehru University (JNU) in New Delhi, who also happens to be an adult with Attention Deficit Hyperactivity Disorder (ADHD), dyslexia and dysgraphia.The petitioner emphasized that the Constitution of India assures him a life of dignity and equal opportunity, with the RPwD Act reinforcing these guarantees through tangible rights, protections and privileges such as reasonable accommodation, reservation and inclusive education.However, the guidelines formulated under the RPwD Act negate these guarantees, the petitioner claimed..The guidelines framed by the Ministry of Social Justice and Empowerment under Section 56 of the RPwD Act outline the assessment for specified disabilities, including SLDs. This assessment is deemed essential for obtaining a certificate of disability, which in turn ensures entitlement to privileges under Chapter VI of the RPwD Act.For the assessment of SLDs, the guidelines prescribe the National Institute of Mental Health and Neurosciences (NIMHANS) Battery test. However, this test is available only for the assessment of SLDs during the developmental years of a person.Effectively, any person with an SLD who has attained majority before the enforcement of the RPwD Act, stands excluded from the ambit of the Act.Furthermore, the petitioner claimed that in response to applications under the Right to Information (RTI) Act, the respondents stated that no tool has been prescribed to screen and diagnose adults with SLDs for the purpose of certification under the RPwD Act.The petitioner asserted that tools for assessing SLDs in adults are, in fact, available.As such, he contended violation of his fundamental rights under Articles 14, 16, 19, and 21 of the Constitution.Senior Advocate Dr S Muralidhar and advocates A Karthik, Govind Manoharan and Samiksha Godiyal appeared for the petitioner.