Coronary heart illness will not be a incapacity throughout the which means of the Incapacity Rights Act 2016
Case name: Nawal Kishore Sharma v Union of India
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In a recent judgment, the Supreme Court ruled that heart disease cannot be included as a disability under the rights of Disabled People Act. In this case, the petitioner, ie Mr Nawal Kishore Sharma, had challenged the High Court’s rejection of his application for disability compensation under Clause 21 of the National Maritime Board Agreement.
The Bank of the Supreme Court upheld the judgment of the Supreme Court of Patna, which found that the condition of enlarged cardiomyopathy from which the seaman suffers was of no benefit to the applicant under Section 47 of the Disabled Persons (equal opportunity, Protection of rights and full participation) law.
The bank also noted that Section 2 (i) of the Act takes into account visual impairment, mobility impairment, mental illness, intellectual disability, hearing impairment and leprosy. Heart disease does not fall under the definition of disability in the law. We would hesitate to include words in your definition of disability that the legislature has not chosen.
The court also found that, in relation to the present case, no link could be established between the ship’s service and the applicant’s state of health. The complainant’s condition of dilated cardiomyopathy is not due to a particular disability or the wide range of impairments that hinders his full and effective participation in society.