Madurai (Tamil Nadu): The Madurai Bench of the Madras High Court permitted the National Testing Agency (NTA) to allow a 19-year-NEET (UG) aspirant to take the examination on May 5 wearing an adult diaper. The court also allowed her to change the diaper once or twice during exam hours, keeping in mind her medical condition.
Justice G R Swaminathan passed the order while hearing the case and mentioned that when the petitioner was four years old, she had met with an accident, suffered burn injuries on her face and was seared by hot oil. The teenager is being treated for LETM/NMO/Spectrum Disorder/Neurogenic Bladder on an OPD basis.
As per her medical condition, she lacks bladder control, and must wear a diaper continuously, which also has to be changed often, her doctor said.
Justice Swaminathan said: "The petitioner's apprehension could not have been dismissed as misplaced or unfounded. NEET is held all over the country every year. We read that the mandatory frisking to which the candidates are subjected to is sometimes taken to absurd limits. In Kerala, once a girl was asked to remove her inner wear. Girls in particular face the brunt."
Referring to the Rights of Persons with Disabilities Act, 2016, the judge said that by virtue of her biological condition, she needed a 'bio-break' while writing the examination. The petitioner will not be able to take the exam if the facilities she requests are refused. That would result in discrimination, which the Constitution forbids under Article 14.
Article 14 of the constitution states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex or place of birth.
“Concerning the dress code, it would be appropriate if the clause specifically allowed girl students to wear sanitary pads. The absence of such a clause is why the student has filed the petition. The exam authorities are directed to bear the special needs of girl students in mind and provide reasonable accommodation,” the court said.
The high court also recorded the statement, and the NTA, considering the case, agreed to the student’s request and has instructed the examiner.
"Every examination centre must have suitable toilet facilities with water amenities. They must keep a minimum number of sanitary products near the toilets so that any girl who has come unprepared may use them. Girl candidates must be allowed the use of restrooms when required. The restrooms can be thoroughly inspected in advance and regularly so that there is virtually no need for frisking the candidates for the second time. This will save the candidates' precious examination time. It is the duty of the authorities to spread awareness so that the candidates are not put to any stress at all."
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