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The recent controversy surrounding Puja Khedkar, accused of fabricating her disability and caste to receive benefits, has sparked a debate on reservations for persons with disabilities (PwDs). The issue gained further momentum when a former chief executive officer of NITI Aayog tweeted that reservations for persons with disabilities (PwDs) should be reassessed.
This calls for a deep introspection in the Issue of Reservation for persons with disabilities in India. The article discusses the arguments in favour of these reservations, the issues in the implementation and the way ahead to prevent any possible misuse.
Who are the persons with Disabilities in India? What are the provisions of reservations for persons with Disabilities?
According to The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), Persons with disabilities are the ones who have long-term physical, mental, intellectual or sensory impairments, which hinder their full and effective participation in society on an equal basis with others.
The Rights of Persons with Disabilities Act, 2016- This Act came into force in April 2017, and replaced the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
| Definition of Disability | It uses the same definition as the UN CRPD to define persons with Disabilities. ‘Person with Benchmark Disability‘- It further defines ‘Person with Benchmark Disability‘ as ‘A person with not less than 40% of a specified disability‘. |
| Reservation Provisions Guaranteed under the Act | The Act increased the magnitude of reservation for Persons with Disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes. |
Supreme Court Judgments mandating reservation for Persons with Disabilities
The Supreme Court of India has also made several significant rulings regarding reservations for persons with disabilities (PwD) in employment, particularly focusing on the applicability of such reservations in promotions.
| Indra Sawhney v. Union of India (1992) | The Supreme Court established the framework for reservations in India, distinguishing between “vertical” and “horizontal” reservations. SC noted that reservations for persons with disabilities should be considered horizontal reservations under Article 16(1) of the Constitution, which allows for a separate quota of 3% for persons with disabilities across various employment sectors. This ruling clarified that such reservations do not interfere with the overall ceiling of 50% for vertical reservations. |
| Govt. of India vs Ravi Prakash Gupta (2010) | The Supreme Court held that the reservation policy for Persons with Disabilities (PwDs) must be implemented in all government jobs, including those at the civil services level. The court clarified that the 3% reservation must be applied to all stages of employment, including promotions. |
| Union of India vs National Federation of the Blind (2013) | The Supreme Court directed the government to ensure a 3% reservation for PwDs in all categories of public sector employment. The court emphasized the need for the government to identify posts suitable for PwDs and implement the reservation effectively. |
| Vikas Kumar vs Union Public Service Commission (2021) | The Supreme Court ruled that the government must provide reasonable accommodations for PwDs in competitive exams, including providing extra time and necessary facilities. This decision reinforced the principle of equality and non-discrimination in access to education and employment opportunities. |
What is the significance of introduction of reservations for persons with Persons with Disabilities?
1. Level playing field by providing equitable opportunities to PwDs- Reservations aim to provide equal opportunities in employment for PwDs, who often face discrimination and barriers that hinder their access to jobs. This aligns with Article 16 of the Indian Constitution, which guarantees equality of opportunity in public employment
2. Low employment rate for Persons with Disability- According to the 76th round of the National Sample Survey in 2018, only 23.8% of PwDs were employed in India, against the national average of Labour Force Participation Rate of 50.2%. Hence, reservation becomes an important tool to ensure their adequate representation.
3. Structural issues of Discrimination- The PwDs often face structural discrimination such as stigma and biases at the hiring stage; and lack of reasonable accommodation at the workplace. For ex- The education system, exam curricula and formats have been designed to be used and suit able-bodied individuals.
4. Challenging the notion of Ableism- Reservations help challenge the deep-rooted ableism in society by promoting the inclusion of PwDs in various roles. This helps in normalizing their presence in the workforce and reducing stigma associated with disabilities.
5. Career Progression- Allowing reservations in promotions ensures that PwDs have the opportunity to advance in their careers. This helps in preventing stagnation and frustration that can arise from limited career progression options. This is crucial for their economic independence and self-esteem.
6. Backing of Legislative Framework and Judicial Endorsement- The Rights of Persons with Disabilities Act, 2016, explicitly mandates reservations for PwDs. The various SC judgements in cases like Indra Sawhney case, National Federation of the Blind case, have supported the reservation for persons with disabilities by holding them as necessary components of inclusive governance.
| Read More- SC Ruling to prevent stereotyping and Discrimination of Persons with Disabilities |
What are the Challenges in fair implementation of reservation for PwDs?
1. Significant flaws in India’s certification system for disabilities- The practice of quantifying disabilities by percentage followed in India is outdated. It is not supported by the United Nations Convention on the Rights of Persons with Disabilities.
2. Structural challenges in assessment of Disability- Lack of specialists to evaluate various disabilities, makes the disability certification process inaccessible and time consuming. Further, the complicated assessment guidelines prescribed by the state are often unrealistic to be examined at the level of district hospitals, which are constrained in terms of both infrastructure and resources.
3. Outdated certification system for Psychosocial disabilities- The psychosocial disabilities whose assessment is relatively more subjective, are assessed based on the outdated IDEAS (Indian Disability Evaluation and Assessment Scale) scale. Persons with invisible, hidden, or less apparent disabilities, such as blood disorders, often face rejection because they “do not look disabled”, with tests not conducted properly.
4. Unconscious Ableism Bias- There exists unconscious bias of ableism (physical fitness for fulfillment of duties) that exists within the public servants and corridors of public service which hinders effective implementation of reservation policies for PwDs. For ex- Kartik Kansal and Ira Singhal cases of delay in allotment of service citing disability, despite both of them clearing the UPSC examination.
5. Exploitation of Benefits- Incidents of individuals allegedly misrepresenting their disabilities to gain benefits have raised concerns about the integrity of reservation policies. For ex- Puja Kedkhar case has jeopardised the reservation for PwDs.
What Should be the Way Forward?
1. Change in the assessment criteria of Disability- Functional limitations, rather than medical percentages, should be the basis for assessment of disability and issuance of disability certificate and Unique Disability ID (UDID).
2. Addressing the structural limitations- The shortage of adequate medical staff, infrastructure at local hospitals must be addressed to make it convenient for the persons with disabilities to obtain their certificates.
3. New model for assessment of Psychosocial disabilities- A new model for the assessment of psychosocial disabilities must be developed to replace the old and outdated IDEAS scale (Indian Disability Evaluation and Assessment Scale).
4. Regularly review and updates- The list of specified disabilities must be regularly reviewed and updated to align with international standards and best practices. This would ensure that the system remains inclusive and responsive to the diverse needs of PwDs.
5. Establishment of a robust monitoring and evaluation mechanism- A robust tracking mechanism needs to be developed for detection of fraud cases of disability. This can include regular audits, data collection, and stakeholder consultations.
By adopting a comprehensive and collaborative approach that addresses the legal, administrative, and social aspects of the issue, India can move closer to ensuring fair and effective implementation of reservation for persons with disabilities in public employment.
| Read More- The Hindu UPSC Syllabus- GS 2- Governance and Social Issues. Govt schemes for the Vulnerable sections |
