DEAF EMPLOYEES WELFARE ASSOCIATION & ANOTHERversusUNION OF INDIA & OTHERS

                    [2013] 16 S.C.R. 1059


     DEAF EMPLOYEES WELFARE ASSOCIATION &                            A
                   ANOTHER
                                v.
                UNION OF INDIA & OTHERS
            (Writ Petition (Civil) No. 107 of 2011)
                                                                     B
                    DECEMBER 12, 2013

     [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.]

     Constitution of India, 1950 - Articles 14 and 21 -
Conveyan_ce allowance, paid to disabled Government                   C
employees (visually and orthopaedically disabled) - Demand
of, by deaf and dumb Government employees - Denial by
the Government - Held: Is violative of Articles 14 and 21 - A
person having any of the disabilities mentioned in s. 2(i) of
Disabilities Act, entitled to benefit of all the Schemes and         D
benefits provided by the Government - There cannot be
further discrimination among the persons with varied or
different types of disabilities - Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act,
1995                                                                 E
    Present writ petition was filed by the Associations,
representing the Deaf and Dumb persons, seeking writ
of Mandamus directing the Central and State
Governments to grant transport allowance to its
Government employees suffering from hearing                          F
impairment, at par with what was being given to the
visually and orthopedically handicapped Government
employees and also for consequential reliefs.

     Allowing the petition, the Court                                G
      HELD: 1. Plea made by the deaf and dumb persons
fell into deaf ears, while their claim has to be considered
in a dispassionate manner with a human touch,
                              1059                                   H
    1060     SUPREME COURT REPORTS              [2013] 16 S.C.R.


A especially in the wake of the Disabilities Act and on the
  basis of the various international Conventions, to which
  India is a party. The Economic and Social Commission
  for Asia and the Pacific (ESCAP) in a meeting in
  December 1992 in Beijing, declared the period 1993-2000
s as the Asian and Pacific Decade of Disabled Persons.
  India is a signatory to the above mentioned Convention.
  Being a signatory to that Convention, it was obligatory
  on the part of India to enact a suitable legislation to give
  effect to the Convention. Accordingly, the Disabilities Act,
c 1995 was enacted. India is also a signatory to the "UN
  Convention on Protection and Promotion of the Rights
  and Dignity of Persons with Disabilities", 2008. [Paras 9
  and 1OJ [1068-G-H; 1069-A-D]

       2. The Disabilities Act states that the "persons with
D disabilities" means persons suffering from not less than
  40% of "any disability", as certified by the medical doctor.
  When a person is having any of the disabilities mentioned
  in Section 2(i) and is so certified by the Medical Doctor,
  he is entitled to the benefits of all the Schemes and
E benefits provided by the Government and there can be
  no further discrimination among the persons with varied
  or different types of disabilities. In the matter of affirmative
  action, there cannot be further discrimination between a
  person with disability of 'blindness' and a person with
F disability of 'hearing impairment'. Such discrimination has
  not been envisaged under the Disabilities Act. All the
  categories of persons mentioned in Section 2(i) have
  their own disadvantages, peculiar to themselves. [Para
  18] [1074-G-H; 1075-A-B]
G
       3. Ministry of Finance, Government of India, took the
  view that a visually impaired person cannot be equated
  with hearing impaired person since persons who are deaf
  and dumb are not physically dependent on others for
  commuting from one place to another, hence they are not
H
   DEAF EMPLOYEES WELFARE ASSOCIATION. v.              1061
               UNION OF INDIA
entitled to double rate of transport allowance. The view       A
expressed by the Ministry of Finance, in spite of the
recommendations made by the Ministry of Health and
Family Welfare, for not providing transport allowance to
its Government employees suffering from hearing
impairment, cannot be sustained. The travel undertaken         8
by the deaf and hearing impaired employees is equally
arduous and burdensome as compared to persons
having other disabilities referred to in Section 2{i) of the
Act. Hearing impaired persons cannot communicate with
the bus conductors, auto and taxi drivers as a normal          c
person can do. Invariably, they have to seek the
assistance of a stranger. Time and effort required to reach
a destination is considerably more as compared to
normal persons. A hearing impaired person sometimes
may end up spending more money in travelling as
                                                               0
compared to normal persons. Therefore, it cannot be said
that disability, as envisaged under Section 2(a) of the Act,
with respect to the hearing impaired persons, is less than
the disability of a blind person. No such discrimination
has ever been made or visualized among the persons
with disabilities mentioned in Section 2(i) of the Act as      E
they form a class by themselves. A further discrimination
amongst themselves is clearly violative of Article 14 of the
Constitution of India. [Paras 19 and 20) [1075-D-H; 1076-
A-C]
                                                              F
      4. The Disabilities Act deals with a well defined ciass
i.e. "persons with disabilities" mentioned in Section 2(i).
The nature of disability may differ from person to person
included in Section 2(i), but all such persons have been.
categorized as a group of "persons with disabilities" G
under Section 2(i) read with Section 2(t) of the Act. The
differentia sought to be canvassed by the Ministry of
Finance has no rational relation to the object sought to
be achieved by the Disabilities Act, which envisages to
give equal opportunities, protection and rights to the H
     1062   SUPREME COURT REPORTS             [2013) 16 S.C.R.

A "persons with disabilities". Equality of law and equal
  protection of law be afforded to all the "persons with
  disabilities" while participating in Governmental
  functions. Transport allowance is given to Government
  employees since many of the Government employees
B may not be residing in and around their places of work.
  Sometimes, they have to commute· long distances to and
  fro. There has been an unprecedented increase in the
  commutation time between the residence and place of
  work which effects the work environment in offices
c adversely as the employees spend much of their energy
  in commuting and, in the case of persons with
  disabilities, the situation is more grave. [Para 21] [1076-
  0-G]

      5. The deaf and dumb persons have an inherent
D dignity and the right to have their dignity respected and
  protected is the obligation on the State. Human dignity
  of a deaf and dumb person is harmed when he is being
  marginalized, ignored or devalued on the ground that the
  disability that he suffers is less than a visually impaired
E person which clearly violates Article 21 of the
  Constitution of India. Comparison of disabilities among
  "per&ons of disabilities'', without any rational basis, is
  clearly violative of Articles 14 of the Constitution of India.
  The recommendation made by the Ministry of Health and
F Family Welfare for extending the benefit of transport
  allowance to the Government employees suffering from
  hearing impairment in equal with blinds and
  orthopaedically handicapped Government employees is
  perfectly legal and is in consonance with Articles 14 and
G 21 of the Constitution of India. [Para 22] [1077-D-G]

         6. The Respondents are directed to grant transport
     allowance to deaf and dumb persons also on par with
     blinds and orthopaedically handicapped employees of
     Central and the State Governments and other
 H
  DEAF EMPLOYEES WELFARE ASSOCIATION v.                  '1063
              UNION OF INDIA
establishments wherever such benefits have been                   A
extended to the blinds and orthopaedically handicapped
employees. [Para 23] [1077-H; 1078-A]

    CIVIL ORIGINAL JURISDICTION : Under Article 32 of the
Constitution of India.                                            B
    Writ Petition (Civil) No. 107 of 2011.

    Kamal Kr. Pandey (for Abhisth Kumar) for the Appellant.

     Mohan Parasaran, SG, Farrukh Rasheed, D. L.                  c
Chidanand, Raitin Rai, B. K. Prasad, Arvind Kumar Sharma for
the Respondents.

    The Judgment of the Court was delivered by

     K. S. RADHAKRISHNAN, J. 1. This Writ Petition has            D
been preferred by two Associations representing the Deaf and
Dumb . persons seeking a Writ of Mandamus directing the
Central and State Governments to grant transport allowance to
its government employees suffering from hearing impairment
in equal with that is being given to blinds and orthopedically    E
handicapped government employees and also for further
consequential reliefs.

     2. The Ministry of Finance, Government of India vide its
Office Memorandum (for short 'OM') dated 31.8.1978 permitted
conveyance allowance to the employees of the Central              F
Government borne or regular establishment who are disabled,
namely blind and orthopedically handicapped, with disability of
lower extremities. The Government of India, later, vide its OM
of Ministry of Finance, Department of Expenditure dated
16.4.1987, consequent upon the introduction of C. C.S. (Revised   G
Pay) Rules, 1986, revised the rate of Conveyance allowance
to disabled persons, namely blind and orthopedically
handicapped to 5% of the basic pay, subject to a maximum of
Rs.100/- per month.
                                                                  H
    1064     SUPREME COURT REPORTS                  [2013] 16 S.C.R.


A        3. The Ministry of Finance, Government of India vide its
    OM dated 3.10.1997, in accordance with the recommendations
    of the 5th Central Pay Commission abolished the Conveyance
    Allowance granted vide OM dated 31.8.1978 and, instead,
    replaced it by transport allowance to be paid to blind and
s   orthopedically handicapped employees at double the normal
    rates prescribed under the said OM dated 3.10.1997.

       4. The Deaf and Dumb Association submitted several
  representations after coming into force the Persons with
C Disabilities (Equal Opportunities, Protection of Rights and Full
  Participation) Act, 1995 (for short 'The Disabilities Act") for
  extending the benefits of transport allowance to them also. Their
  representation was considered by the Ministry of Health and
  Family Welfare, Department of Health and they issued an OM
  dated 12.5.2003, which reads as follows:
D
                        " OFFICE MEMORANDUM

        Subject: Grant of Conveyance Allowance to Blind and
        Orthopaedically Handicapped Central Government
        employees - regarding.
E
        The undersigned is directed to refer to Ministry of Finance
        UO No. 21(1)/97-E.ll(B) dated 17th July 2002 on the
        subject mentioned above and to state that the matter was
        examined in consultation with the subject experts and the
F       Ministry of Social Justice and Empowerment. While the
        technical experts believed that the deaf and dumb
        generally do not require physical assistance for commuting
        to and fro from their place of residence to their place of
        duty, the Ministry of Social Justice and Empowerment
G       strongly favoured the grant of conveyance allowance to
        deaf and dumb employees of the Central Government.

         In the final view, it is recommended that it would not be just
         and fair to equate the disability of deaf and dumb persons
H
  DEAF EMPLOYEES WELFARE ASSOCIATION v.                    1065
   UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
    with those of blind persons in so far as transport allowance/   A
    facility is concerned.

                                                            Sd/-

                Deputy Secretary to, the Government of India"
                                                                    8
     5. The Ministry of Road Transport and Highways also sent
a proposal to the Ministry of Finance to grant transport
allowance at enhanced rates for hearing handicapped persons
at par with the blind persons. Ministry of Road Transport and
Highways also held a meeting on 2.3.2006 for examining the          c
case for grant of conveyance allowance to the deaf and dumb
employees of the Central Government and recommended for
grant of conveyance allowance to them as well. The request
was considered by the Ministry of Finance, Department of
Expenditure and, vide OM dated 26.6.2006, it directed the           D
Ministry of Finance to clarify the contradictory stand earlier
taken and requested them to forward their final view. The
Ministry of Health and Family Welfare again examined the issue
and recommended for transport allowance at enhanced rates
for Hearing Handicapped persons on a par with the blind
                                                                    E
persons. The OM dated 26.6.2006 reads as follows:

                       OFFICE MEMORANDUM

    Subject : Grant of Transport Allowance at enhanced rate
    for Hearing Handicapped persons at par with blind               F
    persons.

    The undersigned is directed to refer to Ministry of Finance
    OM No. 21(1)/97-E.ll(B) dated 13th June 2006 on the
    subject mentioned above and to state that the matter was        G
    got re-examined by the Ministry by a committee of
    specialists in the area, which recommended the grant of
    special transport allowance at enhanced rate to hearing
    impaired personnel in view of the following reasons:-

      (1)   The disability conditions brought about by nature       H
    1066         SUPREME COURT REPORTS            [2013] 16 S.C.R.


A                 are the same for all disabled. Society and the
                  people have to appreciate it and support them.

           (2)    For any transportation system audio based
                  signaling system would always be different for
                  hearing impaired. They require special assistance.
B
        The Ministry of Health & Family Welfare, therefore,
        recommend grant of special transport allowance at
        enhanced rate for Hearing Handicapped.

c       The proposal has been seen & approved by Secretary
        (H&FW).

                                                               Sd/-

                       Under Secretary to the Government of India"
D
       6. The Ministry of Finance, however, vide its OM dated
  30.11.2006 advised the Ministry of Health and Family Welfare
  to refer the issue to the 6th Central Pay Commission for getting
  their recommendation. The Ministry of Health and Family
E Welfare, however, did not take up the matter with the 6th Central
  Pay Commission. The 6th Central Pay Commission
  recommended that physically disabled employees shall
  continue to draw the allowance at double the normal rates.
  Following that, Ministry of Finance issued an OM dated
F 29.8.2008 stipulating that the blind or orthopedically
  handicapped employees, in terms of Ministry of Finance's order
  vide OM dated 3.10.1997, shall continue to draw the allowance
  at double the normal rates. The Ministry of Social Justice and
  Empowerment again approached the Ministry of Finance in
  February 2013 requesting to consider the issue of grant of
G double transport allowance to hearing handicapped employees.
  OM dated 22.3.2013 issued by the Ministry of Health and
  Family Welfare reads as follows:

                                Office Memorandum
H
  DEAF EMPLOYEES WELFARE ASSOCIATION v.                        1067
   UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
     Subject : Request to sanction the transport allowance at           A
     double rates to Deaf Central Government Employees in
   . various Central Government Offices - reg ..

    The undersigned is directed to say that a representation
    has been received from Shri S. Murugan, General                     8
    Secretary, All India Central Government Deaf Employees
    Association, Secundrabad (AO) (copy enclosed) regarding
    revision of transport allowance at double rate to deaf
    employees working under the Central Government Offices/
    workshops.
                                                                        c
    2. The matter was considered in this Ministry and
    recommended that as the Persons with Disabilities (Equal
    Opportunities, Protection of Rig1hts and Full Participation)
    Act, 1995, lists 'hearing impairment' as disability,
    therefore, all officials who are deaf/hearing impairment with       D
    hearing loss of 60 decibels or more in the better ear,
    working under Central Government Offices may also be
    made eligible for transport allowance at double the normal
    rate as has been given to loco-motor disabled and visual
    disabled (Blind) employees.                                         E

    3. Accordingly, it is requested to issue specific instructions
    to ihclude hearing impaired employees for extending of
    transport allowance at double rate as covered under the
    provisions of para 2(i) of the Persons with Disabilities
                                                                        F
    (Equal Opportunities, Protection of Rights and Full
    Participation) Act, 1995.

     This issues with the approval of Secretary (H&FW).

                                                                Sd/-    G

                   Jnder Secretary to the Government of India."

     7. The Ministry of Finance again considered the request
of the Ministry of Health and Family Welfare on 2.7.2013 and
did not take any action, but sought for clarification by the Ministry   H
    1068           SUPREME COURT REPORTS             [2013] 16 S.C.R.


A of Health and Family Welfare. The Ministry of Health and Family
  Welfare then issued an OM dated 27.9.2013 and again
  recommended for the transport allowance at double the normal
  rates as is being given to the loco-motor disabled and visually
  disabled (Blind) employees on the following grounds:
B
        (i)   The Persons with Disabilities (Equal Opportunities,
               Protection of Rights and Full Participation) Act,
               1995, lists "hearing impairment" (loss of 60
              decibels or more in the better ear in the
               conversational range of frequencies) as disability.
c
           (ii)     Travelling risk for deaf/hearing impaired employees
                    is as much as with other disability.

           (iii)    Hearing impaired persons cannot communicate to
D                   bus conductors, auto and taxi drivers as a normal
                    person can do.

           (iv)     Time and effort required to reach destination is
                    considerably more as compared to normal
                    persons.
E
           (v)      Hearing impaired persons end up spending more
                    money in travelling as compared to normal persons.

      8. We notice that, in spite of the recommendation made
F by the Ministry of Health and Family Welfare, Ministry of
  Finance, Department of Expenditure struck to their earlier stand
  and pointed out that since the Government has already
    constituted 7th Central Pay Commission, it would be
  appropriate that the said Pay Commission would examine the
G claim made by the Deaf and Dumb persons and, hence, this
  writ petition.

       9. Pleas made by the deaf and dumb persons, it may be
  noticed, fell into deaf ears in all these years, while their claim
  has to be considered in a dispassionate manner with a human
H touch, especially in the wake of the Disabilities Act and on the
       DEAF EMPLOYEES WELFARE ASSOCIATION v.                      1069
        UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
    basis of the various international Conventions, to which India A
    is a party. The Economic and Social Commission for Asia and
    the Pacific (ESCAP) in a meeting in December 1992 in
    Beijing, declared the period 1993-2000 as the Asia!l and
    Pacific Decade of Disabled Persons. Even before that, it is
    pertinent to note, that Ministry of Finance, Government of India B
    had, vide its order dated 31.8.1978, accorded its sanction for
    granting conveyance allowance to employees of the Central
    Government borne on regular establishment who were
    disabled, namely blind and orthopedically handicapped
    persons. India is a signatory to the above mentioned .                 c
    Convention. Being a signatory to that Convention, it was
    obligatory on the part of India to enact a suitable legislation to
    give effect to the Convention. Accordingly, the Disabilities Act,
    1995 was enacted.

        10. We may, in this regard, refer to the "UN Convention            D
    on Protection and Promotion of the Rights and Dignity of
    Persons with Disabilities", 2008. India is a signatory to that
    Convention as well. Article 2 of the Convention reads as follows:

        "Discrimination on the basis of disability" means any              E
        distinction, exclusion or restriction on the basis of disability
        which has the purpose or effect of impairing or nullifying
        the recognition, enjoyment or exercise, on an equal basis
        with others, of all human.rights and fundamental freedoms
        in the political, economic, social, cultural, civil or any other   F
        field. It includes all forms of discrimination, including denial
        of reasonable accommodation; .·

        "Reasonable accommodation" means necessary and.
        appropriate modification and adjustments not imposing a
        disproportionate or undue t:>urden, where needed in a· G
•       particular case, to ensure to persons with disabilities the
        enjoyment or exercise on an equal basis with others of all
        human rights and fundamental freedoms."

         11. We have already indicated that India is    a signatory to     H
    1070          SUPREME COURT REPORTS             f2013116 S.C.R.

A both the Conventions, i.e. the Beijing Convention, 1992 and UN
  Convention, 2008. We have to understand the scope of the
  Disabilities Act in the light of the above mentioned
  Conventions.

         12. The Disabilities Act does not create any barrier or
8
    discrimination among persons with disabilities. Sections 2(i)
    and (I) of the Disabilities Act defines the expressions 'disability'
    and 'hearing impairment' respectively, which read as follows:

         "2(i). "disability" means-
c
           (i)      blindness;

           (ii)     low vision;

           (iii)    leprosy-cured;
D
           (iv)     hearing impairment;

           (v)      locomotor disability;

           (vi)     mental retardation;
E
           (vii) mental illness.

         2(1). "Hearing impairment" means loss of sixty decibels or
         more in the better ear in the conversational range of
         frequencies."
F
          Section 2(o) defines "locomotor disability" which reads as
    follows:
         "(o) "locomotor disability" means disability of the bones,
G
         joints or muscles leading to substantial restriction of the
         movement of the limbs or any form of cerebral palsy."

         Section 2(b) defines the expression "blindness" as follows:

         "(b) "blindness" refers to a condition where a person suffers
H        from any of the following conditions, namely:-
  DEAF EMPLOYEES WELFARE ASSOCIATION v.                      1071
   UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
      (i)     total absence of sight; or                              A

      (ii)    visual acuity not exceeding 6/60 or 20/200 (snellen)
              in the better eye with correcting lenses; or

      (iii)   limitation of the field of vision subtending an angle
              of 20 degree or worse."                                 B

    Section 2(t) of the Act defines 'person with disability",
which reads as follows:

     "(t) "Person with disability" means a person suffering from      c
     not less than forty per cent of any disability as certified by
     a medical authority."

      13. Chapter V of the Act provides for the appropriate
Governments and local authorities to provide children with
disabilities free education, makes schemes and programmes             D
for non-formal education etc. Chapter VII of the Act deals with
the reservation of posts for the "persons with disabilities".
Section 32 of the Act states that the appropriate Government
shall identify posts in the establishments which can be reserved
for the persons with disabilities and also periodical intervals not   E
exceeding three years, review the list of posts identified and
up-date the list taking into consideration the developments in
technology. Section 33 of the Act deals with the 'R~servation
of Posts'. Section 38 of the Act provides that the appropriate
Government and local authorities shall, by notification, formulate    F
schemes for ensuring employment of persons with disabilities.
Section 39 provides for all government educational institutions
to reserve seats for persons with disabilities.

      14. Chapter VII deals with "Affirmative Action". Section 42     G
of the Act says that the appropriate Governments shall, by
notification, make schemes to provide aids and appliances to
persons with disabilities. Section 43 deals with the "Schemes
for preferential allotment of land for certain purposes" and reads
as follows:
                                                                      H
    1072         SUPREME COURT REPORTS                [2013] 16 S.C.R.


A       "43. Schemes for preferential allotment of land for
        certain purposes.- The appropriate Governments and
        local authorities shall by notification frame schemes in
        favour of persons with disabilities, for the preferential
        allotment of land at concessional rates of -
B
           (a)    house;

           (b)    setting up business;

           (c)    setting up of special recreation centres;
c          (d)    establishment of special schools;

           (e)    establishment of research centres;

           (f)    establishment of factories by entrepreneurs with
o                 disabilities."

         15. Chapter VIII of the Disabilities Act deals with "Non-
    Discrimination". Section 44 of the Act deals with the 'Non-
    discrimination in transport', which reads as follows:

E       "44. Non-discrimination in transport.- Establishments
        in the transport sector shall, within the limits of their
        economic capacity and development for the benefit of
        persons with disabilities, take special measures to -

F          (a)    adapt rail compartments, buses, vessels and
                  aircrafts in such a way as to permit easy access to
                  such persons;

           (b)     adapt toilets in rail compartments, vessels, aircrafts
                   and waiting rooms in such a way as to permit the
G                  wheel chair users to use them conveniently."

         16. Sections 45, 46 and 4 7 of the Disabilities Act are also
    relevant, which reads as follows:

           "45. Non-discrimination on the road.- The appropriate
H
DEAF EMPLOYEES WELFARE ASSOCIATION v.                    1073
 UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
 Governments and the local authorities shall, within the         A
 limits of their economic capacity and development, provide
 for -

  (a)    installation of auditory signals at red lights in the
         public roads for the benefit of persons with visually
                                                                 B
         handicap;

  (b)    causing curb cuts and slopes to be made in
         pavements for an easy access of wheel chair users;

 . (c)   engraving on the surface of the zebra crossing for      c
         the blind or for persons with low vision;

  (d)    engraving on the edge of railway platforms for the
         blinds or for persons with low vision;

  (e)    devising appropriate symbols of disability;             D

  (f)    warning signals at appropriate places.

 46. Non-discrimihation in the built environment.- The
 appropriate Governments and the local authorities shall,
 within the limits _of their economic capacity and
                                                                 E
 development, provide for-

   (a)   ramps in public buildings;

   (b)   adaptation of toilets for wheel chair users;.           F
   (c)   Braille symbols and auditory signals in elevators or
         lifts;

   (d)   Ramps in hospitals, primary health centres and
         other medical care and rehabilitation institutions.     G

 47. Non-discrimination in government employment.-
 (1) No establishment shall dispense with, or reduce in rank,
 an employee who acquires a disability during his service:

  Provided that, if an employee, after acquiring disability is   H
    1074    SUPREME COURT REPORTS               [2013] 16 S.C.R.


A       not suitable for the post he was holding, could be shifted
        to some other post with the same pay scale and service
        benefits:

        Provided further that if it is not possible to adjust the
        employee against any post, he may be kept on a
B
        supernumerary post until a suitable post is available or he
        attains the age of superannuation, whichever is earlier.

        (2) No promotion shall be denied to a person merely on
        the ground of his disability:
c
        Provided that the approrriate Government may, having
        regard to the type of work carried on in any establishment,
        by notification and subject to such conditions, if any, as
        may be specified in such notification, exempt any
D       establishment from the provisions of this section."

        17. Chapter XII I deals with "Social Security". Section 68
    deals with the 'Unemployment allowance', which reads as
    under:

E       "68. Unemployment allowance.- The appropriate
        Governments shall within the limits of their economic
        capacity and development shall by notification frame a
        scheme for payment of an unemployment allowance to
        persons with disabilities registered with the Special
F       Employment Exchange for more than two years and who
        could not be placed in any gainful occupation."

       18. The Disabilities Act, as already indicated, states that
  the "persons with disabilities" means persons suffering from not
  less than 40% of "any disability", as certified by the medical
G doctor. When a person is having any of the disabilities
  mentioned in Section 2(i) and is so certified by the Medical
  Doctor, he is entitled to the benefits of all the Schemes and
  benefits provided by the Government and there can be no
  further discrimination among the persons with varied or
H
    .                             .

   DEAF EMPLOYEES WELFARE ASSOCIATION v.                        1075
    UNION OF·INDIA [K.S. RADHAKRISHNAN, J.]
  different types of disabilities. In the matter of affirmative.action,   A
 in our view, there cannot be further discrimination betwe~n a
  person with disability of 'blindness' and a person with disability
  of 'hearing impairment'. Such discrimination has not been
  envisaged under the Disabilities Act. All the categories of
  persons mentioned in Section 2(i) have their.·. own                     8
  disadvantages,· peculiar to themselves. A 'visually impaired
. person' cannot be equated with 'hearing impaired person' and
  vice versa. Both have different type and mode of disability. For
  a bJind person, visibilify may be poor, sometimes zero per cent,
  but would be able to hear and understand what is going on in            c
  and around him. At the same time, a deaf and dumb person
  could see, but would not be able to talk and hear what is going
  on around him. The nature of disability of those categories of
  persons may not be same, but the disabilities they suffer are
  to be addressed with care and compassion.
                                                                          D
      19. Ministry of Finance, Government of India, took the view
.that a visually impaired person cannot be equated with hearing
 impaired person since persons who are deaf and dumb are
 not physically dependent on others for commuting from one
 place to another, hence they are nqt entitled to double rate of E
 transport allowance. The view expressed by the Ministry of·
 Finance, in spite of the recommendations made by the Ministry
 of Health and· Family Welfare, for not providing transport
 allowance to its Government employees suffering from.hearing
 impairment, cannot be sustained. We are of the view that the F
 travel undertaken by the deaf and hearing impairea employees
 is equally arduous and burdensome as compared to persons
 having· other disabilities· referred to in Section 2(i) of the Act.
 Hearing impaired persons cannot communicate with the bus
 conductors, auto and taxi drivers as a normal person can do. G
 Invariably, they have to seek the assistance of a stranger.·Time
 and effort required to reach a destination is considerably more
 as compared to normal persons. A hearing impaired person
 sometimes may end up spending more money in travelling as
                                                                          H
    1076      SUPREME COURT REPORfS                 [2013] 16 S.C.R.


A compared to normal persons. At times, he is required to seek
  assistance of strangers or other travelers.

         20. The hearing impaired person also would not be able
    to hear the sound of horn and passing vehicles and, at times,
.   will have to seek the assistance of other co-passe.ngers or
  8
    strangers on the road. We find it difficult to subscribe the view
    that disability, as envisaged under Section 2(a) of the Act, with
    respect to the hearing impaired persons, is less than the
    disability of a blind person. No such discrimination has ever
 C been made or visualized among the persons with disabilities
    mentioned in Section 2(i) of the Act as they form a class by
    themselves. A further discrimination amongst themselves is
    clearly violative of Article 14 of the Constitution of India.

         21. The Disabilities Act deals with a well defined class i.e.
D   "persons with disabilities" mentioned in Section 2(i). The nature
    of disability may differ from person to person included in
    Section 2(i}, but all such persons have been catego.rized as a
    group of "persons with disabilities" under Section 2(i} read with
    Section 2(t) of the Act. In our view, the differentia sought to be
E   canvassed by the Ministry of Finance has no rational relation
    to the object sought to be achieved by the Disabilities Act,
    which envisages to give equal opportunities, protection and
    rights to the "persons with disabilities". Equality of law and
    equal protection of law be afforded to all the "persons with
F   disabilities" while participating in Governmental functions.
    Transport allowance is given to Government employees si_nce
    many ofthe Government employees may rfot be residing in and
    around their places of work. Sometimes, they have.to commute
    long distances to and fro. There has been an unprecedented
G   increase in the commutation time between the residence and
    place of work which effects the work environment in offices
    aaversely as the employee spend much of their energy in
    commuting and, in the case of persons with disabilities, the
    situation is more grave.

H        21-A. State Commission for Persons with Disabilities,
   DEAF EMPLOYEES WELFARE ASSOCIATION v.                      1077
    UNION OF INDIA [K.S. RADHAKRISHNAN, J.]
 Kerala vide its letter dated 21.3.2003, evidently, taKmg note of A
 those aspects, requested the Government of Kerala to extend
 the benefit .of conveyance allowance to deaf and dumb
 employees also and pursuant to the same, the Government of
 Kerala vide G.O.(P) No.277/2005/Fin. of Finance .Department
 dated 14.6.2005 extended the benefit of conveyance allowance B
 sanctioned as per the Government Orders to the Government
 employees with hearing impaired as per the disability defined
 in the Disabilities Act. The State of Andhra Pradesh, on the ·
 recommendations of the Anomalies Committee issued Orders
  No.22, Fini;'lnce (TA) Department dated 17.12.2004 on the.· c
  recommendation of One Man Committee in 2006, vide G.O. ·
  MS. No. 197 dated 6. 7.2006 of Finance (TA) Department
 extended .the benefit of Conveyance Allowance to deaf and
  dumb employees on par with physically handicapp~d
  employees.                                                          o
        22. The deaf and dumb persons have an inherent dignity
   and the right to. have their dignity respected and protected is '
· the obligation on the· State. Human dignity of a deaf and dumb ·
   person is harmed when he is being marginalized, ignored or.
 · devalued on the ·ground that the disability that he suffers is less, E
   than a visually impaired person which, in our view, clearly
   violates Article 21 of the Constitution of India. 'Comparison of·
   disabilities among "persons of disabilities", without any rational
   basis, is clearly violative of Articles 14 of the. Constitution of
   India, In our view, the recommendation made by the Ministry of F
 · Health and Family Welfare for extending the benefit of transport
   allowance to the Government employees suffering from hearing
   impairment in equal with blinds and orthopaedicaHy
   handicapped Government employees is perfectly legal and is
   in consonance with Articles 14 and 21 of the Constitution of G
   India.

     · 23: Under such circumstances, we are inclined to allow this,
 writ petition and direct the Respondents 'to grant transport
 allowance to deaf and dumb persons also on par with blinds• . H
    1078      SUPREME COURT REPORTS           [2013] 16 S.C.R

A and orthopaed1cally handicapped employees of Central and the
  State Governments and other establishments wherever such
  benefits have been extended to the blinds and orthopaedically
  handicapped employees. Ordered accordingly.
B   Kalpana K. Tripathy                       Writ Petition allowed