Orissa High Court rules Thalassemia Trait is a recognized disability

The Orissa High Court has ruled that authorities cannot deny disability status to individuals with Thalassemia Trait by focusing solely on functional or locomotor limitations. A division bench, comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash, set aside a Medical Assessment Board report that had deemed a NEET candidate, Harapriya Das, ineligible for disability benefits.

The Medical Assessment Board had previously concluded that because Thalassemia Trait is an asymptomatic carrier state without significant functional disability, it did not meet the criteria for a disability certificate. However, the court noted that the Rights of Persons with Disabilities Act, 2016, expressly includes thalassemia as a ‘blood disorder’ under its schedule of specified disabilities.

The court held that the board’s reasoning was legally unsustainable as it ignored the statutory recognition of the condition. The Directorate of Medical Education and Training (DMET) has been directed to constitute a fresh board to assess the candidate’s disability percentage within four days.