A job and career right the disabled cannot be denied

Source– The post is based on the article “A job and career right the disabled cannot be denied” published in “The Hindu” on 20th July 2023.

Syllabus: GS2- Vulnerable sections of the population

Relevance: Issues related to disabled persons

News- The article explains the issue of reservation in promotion for people with disability.

What are the provisions related to reservation for disabled persons?

The right of the disabled person to be employed and promoted in government jobs on equal basis was first recognised by the Persons With Disabilities Act. It introduced a 3% reservation for the disabled in employment.

There was reservation for disabled in Groups C and D before the PwD Act. Now, the Act extended reservation for the disabled in Groups A and B.

What has been the stand of the judiciary on reservation in promotion for disabled persons?

In 1998, the DoPT made an important interpretation, considering reservation for the disabled in promotions as an essential component of the reservation system.

But, reservation of the disabled in promotion in Groups A and B was withdrawn in 2005 by another order of DoPT. It shows the apathetic attitude of the administration towards the disabled.

SC in its judgement in 2016, granted reservation in promotion in Groups A and B. But the Government of India did not make any effort to implement the judgement.

A case of contempt was filed in the Supreme Court in 2017. Court challenged the decision in the Indra Sawhney judgement.

As per SC, physical disability as the basis for providing reservation to the disabled is not denied under Article 16(1).

DoPT issued another order in 2022. Though the order made important clarifications on the reservation of seats for the disabled in recruitment.

Why does the judiciary need to be proactive in matters of reservation for disabled?

The judiciary has been instrumental in upholding justice for disabled individuals, particularly following the implementation of the PwD Act in 1995.

However, in this instance, the judiciary’s actions seem to have aggravated the government’s indifference towards the needs and aspirations of the disabled community.

The refusal to grant reservations in promotions is an obstacle for disabled individuals’ advancement within their respective organisations.

This hindrance undermines the larger objective of inclusivity for the disabled in society. It obstructs their ability to actively contribute to India’s development.