The Supreme Court of India recently declared that individuals with physical disabilities have a right to reservation in job promotions. This ruling applies to both those who were hired in the general recruitment category and those who developed their disability post-employment.
Details of the Case
The case originated from a claim made under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which has since been replaced by the Rights of Persons with Disabilities Act 2016. The Kerala Administrative Tribunal denied the plaintiff’s request, arguing that neither the Kerala state recruitment rules nor the various government orders issued under Section 32 of the 1995 Act stipulated any provision for reservation in promotions. However, the Kerala High Court overturned this decision.
Significance of the Judgment
The 1995 Act acknowledges the right to reservation in promotions. According to Section 32 of the act, identifying posts for reservation is a prerequisite for hiring. However, refusing to designate such positions cannot thwart appointments. The existence of a person with disabilities’ (PwD) right to reservation is not dependent on recruitment rules. Rather, it is a legislative directive.
Persons with disabilities are entitled to promotional reservations irrespective of the quota they were originally hired under. The legislative mandate for equal opportunity extends to all aspects of career progression, including promotion. Therefore, denying promotions to PwDs restricts these rights solely to the initial point of service induction, resulting in stagnation and frustration for these individuals.
Features of the Rights of Persons with Disabilities Act 2016
This Act embodies India’s commitment to the United National Convention on the Rights of Persons with Disabilities. It adopts an evolving and dynamic concept of disability, expanding the classification of disabilities from seven to 21 categories. It includes conditions such as mental illness, autism, cerebral palsy, muscular dystrophy, chronic neurological problems, speech and language disabilities, thalassemia, hemophilia, sickle cell disease, multiple disabilities including deaf-blindness, acid attack victims, and Parkinson’s disease.
Government authorization now extends to the notification of other specified disability categories. The act increases reservation quotas for disabled persons from 3% to 4% for government jobs and from 3% to 5% for higher education institutions. It also guarantees free education for every child with a benchmark disability between the ages of 6 and 18. Furthermore, both government-funded and recognized educational institutions are required to provide inclusive education.
The Act’s Provisions for Accessibility and Support
The Act stresses the need to ensure accessibility in public buildings within a specified timeframe as part of the Accessible India Campaign. It designates the Chief Commissioner for Persons with Disabilities and the State Commissioners as regulatory bodies and grievance redressal agencies tasked with monitoring the Act’s implementation. It also establishes separate National and State Funds to offer financial support to PwDs.
Constitutional Framework for Disabled People in India
Article 41 of the Directive Principles of State Policy mandates that the State shall strive to provide the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement within its economic and developmental capacity. Nevertheless, ‘relief for the disabled and unemployable’ finds mention in the state list of the Seventh Schedule of the Constitution.