Persons with Disabilities Staff to Get Reservation in Promotion with Effect From 2016

Context: The Union government has issued an order paving the way for Persons with Disabilities (PwDs) to be considered for reservation in promotions. 

Reservation in Promotion to Persons with Disabilities (PwDs) 

• Mechanism: The reservation will be provided in promotions up to the lowest rung of Group A posts in the Central government, with effect from June 30, 2016. 
• On June 30, 2016 Supreme Court in Rajeev Kumar Gupta Vs. UOI case had ruled that PwD candidates must be entitled to reservation in promotions irrespective of whether the positions were filled through reservation or not. 

Legal Battle

• Persons with Disabilities (PwDs) candidates have been fighting for the benefit of reservation in promotions for more than a decade, with the matter passing between multiple Benches of the Supreme Court. Finally, the apex court withheld the right to reservation in promotions for PwDs in 2021. 
• The government has decided to grant notional promotion to PwD candidates with effect from June 30, 2016. 

Why do Persons with Disabilities (PwDs) demand reservation in promotion?

• Equity: Reservation in promotion will improve the equity in the Persons with Disabilities and allow them access to opportunities like other people. 
• Social Justice: The reservation will ensure inclusion and participation by all the sections of the society. 
• Historical Disadvantage: The Supreme Court has recognized the historical disadvantage faced by PwDs and the need for affirmative action like reservation in promotion to address it. 
• Representation: The Rights of Persons with Disabilities Act, 2016, mandates reservation in promotions for PwDs in government jobs to ensure their presence.
• Constitutional Provision: Article 16(4) provides the Fundamental Right of ‘equality of opportunity’, under which the PwDs are provided the reservations. 
• Their own Demand: They have been pursuing the case for reservation in provision for a long time. 

About Rights of Persons with Disabilities Act, 2016

• Increased Cover: The types of disabilities have been increased from 7 to 21 such as mental illness and muscular dystrophy.
• Reservation: It increases the reservation from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
  • Section 34 of the act provides for reservation in Promotion.
• Funds:  A separate National and State Fund will be created to provide financial support to PwDs.
• Grievance Redressal: The Chief Commissioner for PwDs will act as a regulatory body and Grievance Redressal agency, monitoring the implementation of the Act.

Source: The Hindu