Delhi HC Issues Notice on Request for Inclusion of MRKH Type-II Syndrome as Comparative Disability under the Rights of Persons with Disabilities Act

The petition states that MRKH Type-II Syndrome is characterized by congenital aplasia of the reproductive organs in women, resulting in underdevelopment or absence of the vagina or uterus. However, this condition is marked by normal development of secondary sexual characteristics and a normal 46,XX karyotype. It is stated that women suffering from this condition cannot menstruate or have biological children.

The petitioner submits that this satisfies the requirement to be considered a ‘partially disabled person’ under Section 2(r) of the RPWD Act.

The petitioner relied on the ‘Disability Assessment Board Certificate’ issued by the Department of Health Services, Government of Kerala, on March 8, 2018, which classified MRKH Type-II Syndrome as 50% disability.

The petition states that the UOI (Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment) rejected the petitioner’s request to include MRKH Type-II Syndrome as a disability under the RPWD Act. He rejected the request to consider the syndrome as a disability because it was a congenital anomaly and did not affect the person’s functionality in daily life.

During the hearing, the UOI lawyer argued that the reason for rejecting the representation of the petitioner was that if the MRKH Syndrome developed into an impairment that would lead to limitations in daily life in the long run, the same would already fall under the ambit of ‘specified disability’. Under the RPWD Act. It has therefore been argued that MRKH Syndrome itself may not be required to be included separately as a specific disability under the RPWD Act.

single judge bench Judge Sanjeev Narula He listened to the matter and noted that the petition should be evaluated. The court therefore issued notice to UOI.

He sent the matter to further hearing on January 9, 2025.

Case title: Anu Aravind P v Department for Empowerment of Persons with Disabilities Ministry of Social Justice and Empowerment (WP(C) 14922/2024 and CM APPL. 62605/2024)