6-March-2025-Editorial

SUPREME COURT RULING ON DISABILITY RIGHTS IN JUDICIAL SERVICES

The Supreme Court of India has ruled that visually impaired candidates must be allowed to participate in judicial service exams. This judgment reinforces the rights of persons with disabilities (PwDs) and aligns with the Rights of Persons with Disabilities (RPwD) Act, 2016. The ruling is a significant step towards ensuring equality and non-discrimination in employment opportunities for PwDs.

Key Highlights of the SC Ruling

Eliminating Discriminatory Provisions

• The Court examined provisions in the Madhya Pradesh Judicial Service Rules, 1994 and Rajasthan Judicial Service Rules, 2010, which restricted visually impaired candidates from appearing for judicial service exams.
• It struck down Rule 6A of the MP Judicial Service Rules, 1994, as it unfairly excluded visually impaired individuals despite their qualifications.

Recognizing Disability Rights

• The ruling states that exclusion of visually impaired candidates violates constitutional rights, specifically:

• Article 14 (Right to Equality)
• Article 15 (Prohibition of Discrimination)

• It emphasizes the need for a rights-based approach rather than a charity-based approach in matters of employment.

Ensuring Reasonable Accommodations

• The Court directed authorities to implement reasonable accommodations for PwDs, in line with:

• UN Convention on the Rights of Persons with Disabilities (UNCRPD)
• RPwD Act, 2016

• It also recommended separate cut-off criteria for visually impaired candidates, as upheld in the Indra Sawhney judgment.
• Provisions similar to those for SC/ST candidates should be extended to PwDs in judicial service exams.

Landmark Cases Related to Disability Rights

• Suchita Srivastava v. Chandigarh Administration (2009): Upheld reproductive rights of a mentally disabled woman.
• Govt. of India v. Ravi Prakash Gupta (2010): Affirmed that predefined job criteria cannot deny reservations to visually impaired candidates.
• Union of India v. National Federation of the Blind (2013): Stated that 3% reservation applies to total vacancies, not just identified posts.
• Deaf Employees Welfare Association v. UoI (2013): Ensured equal transport allowance for hearing-impaired government employees.
• Om Rathod vs Director General of Health Services (2024): Directed that functional assessment of a candidate should be prioritized over rigid eligibility criteria.

Status of PwDs in India

Demographics

• According to the 2011 Census, 2.21% (2.68 crore) of India’s population has a disability.
• The RPwD Act, 2016, recognizes 21 types of disabilities, including:

• Visual impairment, hearing impairment, cerebral palsy, intellectual disabilities, multiple disabilities, and dwarfism.

Constitutional Provisions

• Fundamental Rights:

• Article 14: Right to equality.
• Article 19: Right to freedom.
• Article 21: Right to life and dignity.

• Directive Principles of State Policy (DPSP):

• Article 41: Ensures support for persons with disabilities.

• Local Governance Provisions:

• 11th Schedule (Entry 26): Focuses on social welfare for PwDs.
• 12th Schedule (Entry 9): Ensures protection of vulnerable groups, including PwDs.

Challenges Faced by PwDs in India

Social Barriers

• Limited access to education, employment, and income opportunities.
• Stereotypes, stigma, and prejudice lead to social exclusion.

Transportation and Infrastructure Barriers

• Inaccessible public transport and buildings hinder mobility.
• Lack of disabled-friendly infrastructure affects independence.

Communication Challenges

• Lack of effective communication channels, such as sign language interpretation.

Policy and Program Gaps

• Public services and healthcare remain inaccessible to many PwDs.
• Lack of coordination among implementing agencies delays policy execution.

Intersectional Marginalization

• Women with disabilities face double discrimination based on gender and disability.
• 44% of disabled persons in India are female, most of whom live in rural areas.

Government Initiatives for PwDs

Employment and Skill Development

• PM-DAKSH (Divyang Skill Development and Rehabilitation Scheme): Provides vocational training to PwDs.
• National Fellowship for Students with Disabilities: Financial assistance for higher education.

Accessibility and Welfare Schemes

• Accessible India Campaign: Focuses on infrastructure accessibility.
• DeenDayal Disabled Rehabilitation Scheme: Supports rehabilitation services.
• Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances: Provides assistive devices to PwDs.

Way Forward

Promoting Inclusion in Policies and Services

• Ensure that PwDs have equal participation in all public services.
• Increase investment in rehabilitation and assistive technologies.

Improving Employment Opportunities

• Enhance skill development programs for PwDs.
• Adopt innovative employment models, like Japan’s Dawn Cafe, where disabled workers operate robot waiters remotely.

Raising Public Awareness

• Combat negative stereotypes through awareness campaigns.
• Educational institutions should promote inclusive communication by integrating sign language and Braille in curriculums.

Better Data Collection

• Improve disability data collection, segmented by age, gender, and socio-economic status.
• Use data to formulate targeted policies for PwDs.

Conclusion

The Supreme Court’s ruling marks a crucial step towards a more inclusive and equal society. Ensuring the rights and dignity of PwDs requires a holistic approach that integrates policy reforms, social awareness, and infrastructure improvements. Moving forward, India must continue to focus on mainstreaming disability rights and removing barriers to equality.