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jobstervijay   29 April 2024

Adding disablity

adding disablity

I have disbality called venus thraambiosis

canda america etc it is mentioned as disablity but india its not cosnidered 

 

I am single person who want to go in divyang 

cant afford lawyer fee

whats way to add to duvyang quata



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

VTE is the formation of ‘bad’ blood clots usually in large veins in the body. It is potentially a life threatening medical condition and includes Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE). DVT is a blood clot in the deep veins of a limb (usually lower limb) and when this clot travels to lungs, it leads to PE. What primarily makes Venous Thromboembolism (VTE) such a big killer is its surreptitious and often insidious nature. VTE is now ranked among the top 3 adverse medical outcomes in hospitals worldwide and the most common preventable cause of death in hospitals.
 

Unfortunately it is not coming under the list of disability 

 

 

jobstervijay   29 April 2024

Originally posted by : T. Kalaiselvan, Advocate

VTE is the formation of ‘bad’ blood clots usually in large veins in the body. It is potentially a life threatening medical condition and includes Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE). DVT is a blood clot in the deep veins of a limb (usually lower limb) and when this clot travels to lungs, it leads to PE. What primarily makes Venous Thromboembolism (VTE) such a big killer is its surreptitious and often insidious nature. VTE is now ranked among the top 3 adverse medical outcomes in hospitals worldwide and the most common preventable cause of death in hospitals. Unfortunately it is not coming under the list of disability   

 

 

with all due respect I know already

problem, statement is how to add it in disablity,sir u r senior member and u not focusing on problem statement

 

P. Venu (Advocate)     29 April 2024

You can represnt to the Government and also, move the High Court/Writ Petition before the High Court/Supreme Court (perhaps, even a letter-petition addressed to the Hon'ble Chief Justice could serve the purpose). You can seek the assistance proactive NGOs.

T. Kalaiselvan, Advocate (Advocate)     29 April 2024

If there is no provision in law to add this VTE into the disability list then how can you expect the lawyers of this forum to suggest you anything on it to move forward.

Any opinion rendered on a issue when there is no provision in law for it will be deemed to be a misguidance.

You are referring to the laws of USA or Canada whil sitting in India as an Indian citizen.

You should understand that you cannot preach other country laws in your mother country and claim benefits on the basis of the laws prevailing in other countries.

At the end of my post I had categorically opined that this do not come under the list of disability which regrettably you failed to take note of. 

Thus your expectation here has to be limited to that extent only.

Any suggestion to approach high court with a writ petition or supreme court with PIL will just be a vague advise because the courts are not empowered to frame or anact any policy or can interfere in the non existing law/matters. . 

jobstervijay   29 April 2024

I am asking is there provision  yes or no and if yes whats the process

constitntuion of india itself made from other country per my basic knowledge 

I know this dont come but I need it to come

P. Venu (Advocate)     29 April 2024

We are not under any obligation to resond to your query on the lines you expect/suggest. In amny cases, our response/suggestions are bound to be in the broader perspective of all those similarly placed.

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

Nothing prevents you from discussing the subject matter, which is at the larger interest of the general public, with a renowned lawyer of the country and file a PIL before supreme court instead of repeatedly raising untenable and absurd questions here, becasue we are here to render legal opinion and suggestions only and not to answer your hypothetical questions especailly of academic interest and this is not your classroom.

jobstervijay   01 May 2024

sorry but I am not law student

T. Kalaiselvan, Advocate (Advocate)     02 May 2024

For discussing the legality of your problem with an eminent lawyer you don't required to be a law student.

If you are interested in getting a legal solution you may proceed with a PIL filed through a senior advocate before supreme court but before that you have to consult one and discuss the subject matter at length.

jobstervijay   02 May 2024

Originally posted by : T. Kalaiselvan, Advocate

For discussing the legality of your problem with an eminent lawyer you don't required to be a law student.If you are interested in getting a legal solution you may proceed with a PIL filed through a senior advocate before supreme court but before that you have to consult one and discuss the subject matter at length.

 

 

thanks

my main concerns were 

1) exact governing authority as I am little out of time  and money

2) I am single person asking for benefit ,all people who have disablity may not be intersted so case fee will be burden on me and I dont even have parerntal assets

3) I know case fee can depend on lawyer but still how much

T. Kalaiselvan, Advocate (Advocate)     02 May 2024

If there is no provisions in law to accommodate your desire then it will not be possible for you tio fight for it individually.

Individual's interest will not be entertained by any court if there is no provision in law to grant the relief sought.

Thus it will come under the category of PIL only,.

Hence you were suggested to file  a PIL which will involve the interst of general public and not an individual's story.

The PIL is also not a relief, the court may suggest the court its views and it is for the government to include this subject in its policy making decision at the right time.

As you rightly observed the lawyer fee will depend on the lawyer, you can enquire about it with the lawyer that you intend to approach.


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