Distributive dilemma in Indian disability law: understanding the Supreme Court’s decision in Deaf Employees Welfare Association v. Union of India

Mandal, Saptarshi (2014) Distributive dilemma in Indian disability law: understanding the Supreme Court’s decision in Deaf Employees Welfare Association v. Union of India. Journal of National Law University, Delhi, 2. pp. 103-114. ISSN 2277-4017

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Abstract

In Deaf Employees Welfare Association v. Union of India, the Supreme Court ordered the government to grant travel allowances to deaf and mute employees at the same rate as is currently given to those with visual and locomotor impairments. While this appears as a relatively mundane decision, it implicates basic questions of distributive justice in a welfare state. Employing the term "distributive dilemma" to capture the often competing bases for distribution of state aid, the author examines the Court's approach to distribution of state resources in the context of disability law. He argues that though courts in India have decided such distributive questions in relation to the disabled in the past, Deaf Employees Welfare Association marks a departure from previous cases because the Court has, for the first time, approached the question using the constitutional principles of equality and dignity.

Item Type: Article
Keywords: Deaf Employees Welfare Association v. Union of India | Disability in India | Equality | Rights
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Gena Veineithem
Date Deposited: 19 Apr 2022 11:01
Last Modified: 19 Apr 2022 11:01
Official URL: https://nludelhi.ac.in/res-pub-ins.aspx
URI: https://pure.jgu.edu.in/id/eprint/2464

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