Rejecting the trial court's decision in the case of eviction from a rented shop, the Delhi High Court said that mere disability does not deprive a person of his constitutional right to practice any profession, vocation or trade.

A single-headed bench of Justice Sachin Dutta said that depriving a disabled person of the right to carry on any trade or business would be an insult to the constitutional right.

The court held that vision/disability cannot outweigh his genuine need for the premises for the purpose of carrying on his business. The court said that the petitioners' claim of being incapable of running a business due to visual impairment is highly condemnable and deserves to be rejected outright.

The court's observation came on a petition filed by tenants challenging a trial court's decision to evict them from a rented shop in the Ajmeri Gate area. The trial court had ordered eviction of the petitioners on the ground that the landlord needed the premises to start a business for his dependent son.

However, the said decision was challenged by the petitioners on the plea that the landlord's son was suffering from low vision and despite treatment, it could not be cured. As such he was not in a position to run the business independently.