Supreme Court Issues Notice on Plea to Include Haemophilia Under RPwD Act, 2016
New Delhi, November 10, 2025
Supreme Court of India, New Delhi — bench led by Justice Sanjiv Khanna issues notice on plea seeking inclusion of haemophilia under the Rights of Persons with Disabilities Act, 2016.
Background of the Case
The plea was filed by an association representing individuals affected by haemophilia, contending that the condition - though permanent and physically limiting - has not been recognized as a disability under the RPwD Act.
The petitioners argued that haemophilia causes serious mobility restrictions, continuous medical dependency, and frequent hospitalizations, thereby impairing daily functioning. Yet, individuals suffering from the disorder are deprived of reservation benefits, education opportunities, and welfare entitlements granted to other persons with disabilities.
It was further submitted that several international frameworks, including the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), encourage states to broaden recognition of medical conditions that limit participation in society.
Petitioner’s Submissions
The petitioner’s counsel contended that the definition of “disability” under Section 2(s) of the RPwD Act is inclusive, not exhaustive, and should be interpreted in light of the constitutional principle of equality.
The counsel further submitted that the omission of haemophilia amounts to unreasonable classification under Article 14 of the Constitution, and violates the right to life with dignity under Article 21.
Response from the Centre
Appearing for the Union of India, the Solicitor General informed the Court that the Ministry of Social Justice and Empowerment is examining proposals to expand the schedule of disabilities to include certain rare diseases. The government sought time to file an affidavit explaining the steps taken in this regard.
Supreme Court’s Observation
The Court observed that chronic disorders requiring lifelong treatment cannot be excluded from the framework of welfare legislation merely on administrative grounds.
Justice Khanna remarked:
“The objective of the RPwD Act is inclusion, not exclusion. The rights of those living with long-term health conditions must be viewed in light of social justice and equality.”
Issuing notice to the Centre, the Court directed the government to file its detailed response within four weeks and listed the matter for further hearing in December 2025.
Legal Context
Possible Implications
If the Court accepts the plea, persons with haemophilia could be eligible for:
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Reservation in educational institutions and public employment;
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Financial and medical support under state disability schemes; and
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Enhanced insurance and compensation benefits.
This development could also open discussions on the recognition of other rare and chronic illnesses under Indian welfare legislation.
Case Citation
Conclusion
The Supreme Court’s notice marks an important step toward broadening the interpretation of disability law in India. The case reflects the judiciary’s increasing focus on inclusive welfare jurisprudence and its role in bridging medical science and constitutional rights.
Published by NiyamsKanoon — A Journey from Layman to Lawman
