Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/812
Title: Distributive dilemma in Indian disability law: understanding the Supreme Court’s decision in Deaf Employees Welfare Association v. Union of India
Authors: Mandal, Saptarshi
Jindal Global Law School
Keywords: Disability Law
Allowances to Deaf and Mute Employees
Constitutional Principles of Equality and Dignity
Issue Date: 31-Dec-2014
Publisher: National Law University, Delhi
Citation: 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, Vol 2 No 1: 103-114
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.
URI: http://nludelhi.ac.in/download/publication/2015/august/Journal%20of%20National%20Law%20University%20Vol.2%202014.pdf
http://hdl.handle.net/10739/812
ISSN: 2277-4017
Appears in Collections:JGU Research Publications

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