The Supreme Court (SC) has recently issued a directive to the Central government for the formulation of effective guidelines catering to the facilitation and regulation of scribe provisions for people with disabilities during examinations. This follows the court’s observation that individuals with disabilities also fall within the socially backward category, which entitles them to similar relaxation benefits as those accorded to Scheduled Caste/Scheduled Tribe candidates in public employment and education. A scribe refers to an individual who transcribes a student’s verbal answers during exams.
Overview of the Case
The directive stems from an appeal made by a candidate suffering from Writer’s cramp, a severe neurological disorder that affects an individual’s writing ability. The candidate was denied a scribe for the 2018 Civil Services Exam by the Union Public Service Commission (UPSC), on grounds of not meeting the definition of person with benchmark disability.
Court’s Standpoint
According to the court, the provision of a scribe should extend beyond benchmark disabilities as stipulated under the Rights of Persons with Disabilities Act (RPwD) 2016. A benchmark disability is described as having a minimum of 40% disability of any type recognized under the same act.
Mandate to the Government
The court also issued a broader decree to the Union Government, specifically to the Ministry of Social Justice and Empowerment (MoSJE). This instructed the ministry to ensure the development of appropriate guidelines that would regulate and ensure scribe facilities to people with disabilities that fall within Section 2(s) of RPwD Act. This section defines ‘person with disability’ as someone with long-term physical, mental, intellectual, or sensory impairment which restricts his full and effective participation in society in the same way as others.
The court further directed the ministry to establish proper norms to ensure candidate conditions are duly certified by competent medical authorities. This would ascertain that only genuine candidates in need of the facility avail it.
Understanding Writer’s Cramp
Writer’s cramp is a specific type of focal dystonia that affects the muscles of one’s fingers, hand, or forearm, causing involuntary muscle contractions due to incorrect information sent from the brain. It is a task-specific dystonia and is mostly triggered during activities like writing or typing.
Insight into Rights of Persons with Disabilities Act 2016
This act provides an evolving and dynamic concept of disability, with benchmark disability referring to at least 40% disability of any type recognized under the Act. The number of disability types has been increased from 7 to 21, covering conditions that were overlooked in previous versions of the Act.
The Act also expanded reservation provisions for disabled individuals in government jobs from 3% to 4% and from 3% to 5% in higher education institutions. It advocates free education for every child with benchmark disability aged between 6 and 18 years.
Furthermore, the Act emphasizes the accessibility of public buildings within a specified timeframe in line with the Accessible India Campaign. The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies to monitor the Act’s implementation. A National and State Fund will be established to provide financial support to persons with disabilities.
