Why central services cannot be exempted from reservation for disabled 

News: Recently, the Department of Empowerment for Persons with Disabilities (Department) issued a notification.

It exempts all categories of posts in the IPS, the Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Police Service, the Indian Railway Protection Force Service, and the posts of combatant nature in the paramilitary force from the mandated 4% reservation for persons with disabilities (PWDs). 

Is the government competent to exempt the person with disabilities from particular posts?

The Rights of Persons with Disabilities Act, 2016 [RPwD Act] empowers the central government of India to exempt people with disabilities from seeking reservation for certain posts. 

What are the issues in the new rules? 

First, the classification between combat and non-combat posts implies that the PwD are capable of occupying only non-combat posts in the central forces. In fact, no justification for such a classification has been issued so far. 

Second, The Ministry of Social Justice and Empowerment has identified a range of ministerial/civilian posts which are suitable for reservation for the disabled. The Ministry of Home Affairs (MHA) released Draft Accessibility standards which states that the police staff on civil duty could be persons with disabilities. Therefore, the proposed exemption goes against the government’s own position. 

Third, the proposed exemption appears to be a colourable exercise of power. This is because the Chief Commissioner for Persons with Disabilities has to be consulted before grant of any exemption as per the RPwD Act, 

Fourth, the office of the chief commissioner has been lying vacant for many years 

Ways Forward 

Currently, SC in the National Platform for the Rights of the Disabled v. Department of Empowerment for Persons with Disabilities and Ors. Case) has the opportunity to address some of the important issues related to PWDs.  

Every disabled person is different. The Court should recognise that the disabled have the right to exist and work in the world just like their able-bodied counterparts. 

The SC judgment can ensure non-discrimination guarantee contained in the RPWD Act.

Source: The post is based on an article “Why central services cannot be exempted from reservation for disabled” published in the Indian Express on 11th April 2022.