SC Upholds Disability Rights as Fundamental

SC Upholds Disability Rights as Fundamental

For Mains: Disability Rights in India, Challenges, Measures to Empower Persons with Disabilities in India

Why is it in the News?
The Supreme Court has affirmed that visually impaired candidates are eligible to participate in judicial service exams. This ruling emphasizes that the right to be free from disability-based discrimination under the Rights of Persons with Disabilities (RPwD) Act, 2016, should be considered a fundamental right.

What is the SC Ruling on Disability Rights in Judicial Services?

• Striking Down Discriminatory Provisions: The Court’s ruling was made while addressing petitions related to the Madhya Pradesh Judicial Service Examination Rules, 1994, and Rajasthan Judicial Service Rules, 2010. It aligned these rules with the RPwD Act.
• Rule 6A of MP Judicial Service Rules, 1994: The Court struck down this rule, which had excluded visually impaired candidates despite their educational qualifications.
• Recognition of Disability Rights: The judgment clarified that excluding visually impaired candidates from judicial services violates the constitutional rights to equality (Article 14) and non-discrimination (Article 15).
• Affirmative Action: The Court emphasized the need for a rights-based approach, ensuring equal access to employment for persons with disabilities. It reinforced the provision of reasonable accommodations, citing the Indra Sawhney judgment, which advocates separate cut-offs for visually impaired candidates.
• Relaxations in Eligibility: The ruling also allowed flexibility in eligibility criteria, similar to those for SC/ST candidates, when an adequate number of PwD candidates are unavailable.

Landmark Cases Related to PwDs

• Suchita Srivastava v. Chandigarh Administration (2009): The Supreme Court upheld the reproductive rights of a woman with intellectual disabilities.
• Govt. of India v. Ravi Prakash Gupta (2010): The Court ruled that rigid job criteria cannot be used to deny reservations to visually impaired candidates, ensuring fair appointments.
• Union of India v. National Federation of the Blind (2013): Clarified that 3% reservation applies to total cadre strength, not just identified posts.
• Deaf Employees Welfare Association v. UoI (2013): Directed the equal provision of transport allowances for hearing-impaired government employees, ensuring non-discrimination.
• Om Rathod vs Director General of Health Services (2024): The Supreme Court ruled that functional assessment of a candidate’s abilities should take precedence over rigid eligibility criteria.

Status of PwDs in India

• Demographics: According to the 2011 Census, persons with disabilities make up 2.21% (2.68 crore) of India’s population.
• Types of Disabilities: The RPwD Act, 2016, recognizes 21 types of disabilities, including visual and hearing impairments, cerebral palsy, intellectual disability, and multiple disabilities.
• Constitutional Provisions for PwDs:
  • Fundamental Rights: Article 14, Article 19, and Article 21.
  • DPSP: Article 41, which advocates for public assistance in cases of disability.
  • Responsibilities of Panchayats and Municipalities:
    • 11th Schedule: Focuses on social welfare, including that of persons with disabilities.
    • 12th Schedule: Ensures the protection of weaker sections, including PwDs.

Laws Related to Disability Rights

• RPwD Act, 2016: Ensures equal opportunities, protects rights, and promotes full participation of persons with disabilities.
• National Trust Act, 1999: Establishes a national body for the welfare of persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities.
• Mental Health Care Act, 2017: Protects the rights and dignity of persons with mental illness.

Challenges Faced by PwDs in India

• Social Barriers: PwDs often face difficulty in securing employment, education, and adequate income, hindering their ability to fully exercise their rights.
• Stereotypes and Stigma: Prejudices and discrimination limit social integration, leading to exclusion and isolation.
• Transportation Barriers: Inaccessibility of transportation systems significantly restricts PwDs' independence.
• Communication Barriers: PwDs with hearing, speaking, reading, or writing difficulties face challenges in effective communication due to the lack of accessible communication channels.
• Policy Barriers: Inefficient scheduling and lack of accessible equipment hinder the effective delivery of public healthcare programs.
• Intersectional Marginalization: Women with disabilities face dual discrimination based on gender and disability, further limiting their access to education, employment, and healthcare.
• Rural Disadvantage: 44% of the disabled population are women, with many living in rural areas, facing greater exclusion.

India's Initiatives for Empowerment of PwDs

• PM-DAKSH (Divyang Skill Development and Rehabilitation Scheme)
• Accessible India Campaign
• DeenDayal Disabled Rehabilitation Scheme
• Assistance for the Purchase/Fitting of Aids and Appliances
• National Fellowship for Students with Disabilities

Way Forward

• Mainstreaming Policies and Services: Stakeholders must work to ensure equal participation of PwDs in all public activities and services.
• Investing in Rehabilitation and Support Services: Enhance support services and provide assistive equipment like wheelchairs and hearing aids to increase PwDs’ independence.
• Enhancing Human Resource Capacity: The Rehabilitation Council of India (RCI) should improve training processes to enhance the competency of professionals working in disability services.
• Inclusive Employment Opportunities: India should adopt innovative employment models, such as Japan's Dawn Cafe, where disabled staff remotely control robot waiters.
• Public Awareness Campaigns: Raising awareness can challenge negative stereotypes and break down social barriers, facilitating better integration of PwDs into society.
• Improved Data Collection: Better data collection, segmented by age, sex, and socio-economic status, will help understand the barriers faced by PwDs and inform policies.

Drishti Mains Question:
The Supreme Court’s ruling on the right to be free from disability-based discrimination marks a significant step toward inclusivity in public services. Discuss the challenges faced by PwDs and suggest measures for further reforms.

UPSC Civil Services Examination, Previous Year Question (PYQ)
Q. India is home to lakhs of persons with disabilities. What are the benefits available to them under the law?

• Free schooling till the age of 18 in government-run schools.
• Preferential allotment of land for setting up businesses.
• Ramps in public buildings.

Which of the statements above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3

Answer: (d)

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