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PIL for disability/loss of Lung


15-Jan-2026 (In Civil Law)
I underwent pneumonectomy and now live with only one lung. Despite permanent loss of an organ, I was denied a disability certificate on the ground that I am currently functioning well. I seek legal opinion on whether loss or severe impairment of a lung can be challenged through a PIL to be recognised as a disability, so that people with significant lung damage are uniformly classified and granted statutory recognition similar to loss of other vital organs.
Answers (3)

Answer #1
985 votes
In order to provide you with any legal advice it is imperative to know your condition and functioning. If you are able to function well with one lung without any impediment, we need to show as to in what manner it is causing disability. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

LawRato Mumbai | 700+ Answers
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Answer #2
993 votes
Yes. Under the RPwD Act, 2016, disability is based on functional impairment, not mere current performance. Denial can be challenged. A PIL is maintainable to seek inclusion of loss/severe impairment of a lung in notified disabilities, ensuring uniform classification and statutory benefits despite adaptive functioning.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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Answer #3
555 votes
Yes. Under the RPwD Act, disability is assessed by functional impairment, not mere organ loss. Denial can be challenged. A PIL or writ can seek inclusion of pneumonectomy/severe lung impairment in notified disabilities and uniform guidelines, relying on Articles 14 & 21 and medical evidence.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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