Recently, the Supreme Court asked the Union Government why meritorious Persons with Disabilities (PwDs) who clear the general category cut-off are not shifted to the unreserved list, leaving reserved seats for others.
About Project Ability Empowerment
- Scope: Monitoring compliance with the RPwD Act, assessing quality of care, and recommending reforms for community-based alternatives.
- Leadership: The National Law School of India University (NLSIU), Bengaluru will oversee institutions across Karnataka, Kerala, Tamil Nadu, Andhra Pradesh, Puducherry, and Lakshadweep.
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About Recent Supreme Court’s Observations
- Upward Mobility Principle: The Bench noted that denying such upward mobility defeats the purpose of reservation under the Rights of Persons with Disabilities (RPwD) Act, 2016.
- Hostile Discrimination: The Court noted that OBC/SC/ST candidates are granted upward movement on merit, but PwDs are not, creating “hostile discrimination”.
- Purpose of Reservation: Reservation is meant to mainstream PwDs, not to restrict them to fixed seats.
- Lens of Diversity: Disability must be seen not as a deficit, but as a test of inclusivity of legal and institutional frameworks.
- Project Ability Empowerment: The SC also initiated “Project Ability Empowerment”, entrusting eight National Law Universities (NLUs) to conduct a nationwide monitoring of care institutions housing persons with cognitive disabilities.
PWOnlyIAS Extra Edge:
Chronological Evolution of India’s Disability Initiatives
- 1995 – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act: India’s first comprehensive law providing 3% reservation in jobs and education for PwDs, focused on creating equal opportunities.
- 2015 – National Action Plan for Skill Development of PwDs: Launched to provide vocational training and job linkages.
- It aimed to skill 25 lakh PwDs by 2025 through partnerships with NGOs and corporates.
- 2015 – Accessible India Campaign (Sugamya Bharat Abhiyan): Started by the Department of Empowerment of Persons with Disabilities (DEPwD) to make public spaces, ICT, and transport accessible.
- 2016 – Rights of Persons with Disabilities (RPwD) Act: Replaced the 1995 law, expanded recognised disabilities from 7 to 21 categories, and raised reservation in government jobs from 3% to 4%.
- Section 34 mandated 4% reservation in employment.
- 2016 – Unique Disability ID (UDID) Project: Introduced to create a national database and single ID card for all PwDs to access benefits.
- By 2023, only 40% PwDs had been issued UDIDs, showing gaps in coverage.
- 2018 – Department of Personnel and Training (DoPT) Guidelines and FAQs: Clarified that meritorious PwDs qualifying on merit can be counted in the unreserved category. Also directed ministries to maintain separate rosters for PwD recruitment.
- 2022 – Supreme Court Judgment on Reservation in Promotions: Upheld that PwDs are entitled to reservation in promotions in government jobs, strengthening upward mobility in career progression.
- 2025 – Supreme Court Judgment on Upward Mobility (Vikram Nath & Sandeep Mehta Bench): Directed the Union Government to clarify if meritorious PwDs are shifted to unreserved category.
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Current Status of Disability Representation in India
- Legal Mandate vs Reality: 4% quota under RPwD Act, 2016, but only ~1.1% in jobs.
- Employment (2022): 21,874 PwDs in Central Ministries (1.15%).
- By Groups:
- Group A – 1%
- Group B – 1.53%
- Group C (non-Safai Karmachari) – 1.1%
- Group C (Safai Karmachari) – 1.93% (highest)
- Slow Growth: From 2011 to 2022, PwD employee strength rose marginally from 15,747 to 22,000, remaining well below the mandated 4% quota.
- Structural Barrier: Less than 40% of PwDs in India possess a Disability ID, making it difficult for many to access reservation benefits.
About Disability-Based Discrimination
- Disability-based discrimination refers to unfair treatment, exclusion, or denial of rights and opportunities to individuals based on their physical, mental, intellectual, or sensory disabilities.
- It occurs when a person with a disability is treated differently or unfavorably compared to others in similar situations
- It may lead to inequality in access to education, employment, healthcare, public services, and other aspects of life.
Types of Disability-Based Discrimination
- Direct Discrimination: When a person is explicitly denied opportunities or benefits solely because of their disability.
- Refusing to hire a qualified candidate due to their disability.
- Indirect Discrimination: When seemingly neutral policies or rules disproportionately disadvantage persons with disabilities.
- Requiring all candidates to complete a written test without providing alternative formats for visually impaired individuals).
- Denial of Reasonable Accommodation: When necessary modifications or adjustments (such as accessible infrastructure, assistive technology, or flexible work conditions) are not provided, making it difficult for persons with disabilities to access opportunities equally.
- Harassment: When a person with a disability is subjected to verbal abuse, derogatory remarks, or unwelcome behavior that creates a hostile environment.
- Systemic Discrimination: When laws, policies, or societal attitudes inherently disadvantage persons with disabilities by failing to recognize their rights and needs.
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Legal Framework in India
- Rights of Persons with Disabilities (RPwD) Act, 2016:
- The Rights of Persons with Disabilities (RPwD) Act, 2016 was enacted to align India’s disability laws with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
- India ratified UNCRPD in 2007.
- RPwD Act aims to ensure the rights, equality, and inclusion of persons with disabilities in all aspects of life.
- The 2016 Act replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Key Features of the RPwD Act, 2016
- Expanded Definition of Disability: The Act increased the number of recognized disabilities from 7 (in the 1995 Act) to 21.
- It also allows the central government to notify other disabilities in the future.
- Reservation in Employment and Education: The Act mandates 4% reservation for persons with disabilities in government jobs and 5% reservation in higher education institutions.
- Accessibility: It requires public buildings, transport systems, and information and communication technologies to be made accessible to persons with disabilities.
- Social Security and Health: The Act provides for social security measures, including financial assistance, insurance, and pension schemes for persons with disabilities.
- National and State Boards: The Act establishes Central and State Advisory Boards to monitor and advise on the implementation of the law.
Significance of Upward Mobility
- Persistent Underrepresentation: PwDs remain grossly underrepresented in Central government employment despite legal provisions.
- Skewed Representation in Higher Positions: PwDs are concentrated in lower categories with negligible presence in senior roles.
- Judicial Concern on Discrimination: The Supreme Court flagged the absence of parity with other reserved categories.
- OBC, SC, and ST candidates who qualify on merit are shifted to the general category, but PwDs are denied this upward movement, amounting to what the Court called “hostile discrimination.”
- Constitutional Equality: Denying upward mobility undermines Articles 14, 15, and 16, which guarantee equality and equal opportunity, as well as Article 21, which safeguards dignity.
- Quota Effectiveness: Without upward mobility, the increased quota under RPwD Act remains underutilised.
- Despite raising reservation from 3% to 4% in 2016, actual representation has stagnated at around 1%, showing that policy intent is not translating into outcomes.
- Social Justice Mandate: Upward mobility advances social justice as mandated by the Directive Principles.
- Articles 38 and 41 require the State to secure a just social order and assistance for disabled persons. Ensuring upward mobility makes reservation a tool for empowerment rather than tokenism.
- Global Commitments: India’s obligations under international conventions require it to adopt inclusive policies.
- As a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD) since 2007, India must guarantee equal opportunity and non-discrimination, making upward mobility a compliance requirement.
- Legitimacy of Reservation Policy: Mobility enhances fairness and prevents reservations from being viewed as restrictive.
- When meritorious PwDs are recognised in the general pool, it leaves reserved seats for disadvantaged candidates, increasing credibility and public trust in the system.
- Legitimacy of Reservation Policy: If PwDs are locked into reserved seats regardless of merit, reservations risk becoming a ceiling rather than a ladder.
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- Upward mobility enhances credibility, fairness, and public confidence in the reservation framework.
Challenges in Implementation
- Policy Ambiguity: The rules on upward movement remain unclear in practice despite DoPT clarifications.
- The DoPT FAQ (2018) allows PwDs to be treated as unreserved if they qualify without relaxed standards, but ministries often fail to apply this consistently.
- Incomplete Data and Monitoring: Lack of comprehensive disability employment data reduces accountability.
- After 2018, DoPT’s annual reports excluded several ministries, leading to a reported fall in total government staff from 30 lakh to 20 lakh, making PwD representation data unreliable.
- Institutional Bias in Recruitment: PwDs are disproportionately placed in low-skill posts.
- The highest concentration of PwDs in the Central government is among Group C sanitation workers, showing lack of inclusion in higher administrative and technical posts.
- Certification and Awareness Deficits: A large section of PwDs is excluded from benefits due to low ID coverage and lack of awareness.
- With less than 40% of PwDs holding valid IDs, many remain outside the quota system and do not demand their right to upward mobility.
PWOnlyIAS Extra Edge:
Global Initiatives on Disability Inclusion
- United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): Provides a global legal framework for ensuring non-discrimination, accessibility, and equal participation of PwDs.
- United Nations Office of the High Commissioner for Human Rights (OHCHR): Monitors states for compliance with human rights obligations of PwDs.
- Organisation for Economic Co-operation and Development (OECD) Disability Inclusion Framework: Encourages governments to integrate PwDs into labour markets by reducing structural barriers.
Global Best Practices in Disability Inclusion and Employment
- United Kingdom – Positive Action & Disability Confident Scheme: Employers are recognised and incentivised for actively recruiting PwDs.
- Over 20,000 UK employers are registered as “Disability Confident” employers, ensuring PwD-friendly hiring.
- Singapore – Enabling Masterplan & SkillsFuture: Promotes PwD employability through skills training, wage subsidies, and inclusive workplaces.
- The Enabling Masterplan 2030 aims to increase PwD employment rate from 30% to 40% by 2030.
- Australia – Disability Discrimination Act (1992) & JobAccess: Provides a centralised platform for PwD job-matching and workplace modifications.
- Canada – Accessible Canada Act (2019): Sets binding standards for federal institutions on accessible employment and services.
- European Union – Disability Rights Strategy 2021–2030: Aims to create a barrier-free Europe with a minimum 60% PwD employment rate.
SDGs and the Global Agenda for PwD Empowerment
- SDG 4 – Quality Education: Calls for inclusive education ensuring PwDs have equal access to learning opportunities.
- SDG 8 – Decent Work and Economic Growth: Aims to achieve full and productive employment for PwDs by reducing workplace discrimination.
- SDG 10 – Reduced Inequalities: Explicitly targets the social, economic, and political inclusion of PwDs.
- SDG 16 – Peace, Justice, and Strong Institutions: Promotes inclusive institutions that guarantee equal opportunity and access to justice for PwDs.
- SDG 17 – Partnerships for the Goals: Encourages international cooperation in sharing best practices for PwD inclusion.
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Way Forward
- Policy Notification for Mobility: The Union Government should issue a binding directive on upward movement in recruitment and promotions.
- Joint action by the DoPT and the Ministry of Social Justice & Empowerment (MSJE) can ensure that all ministries adopt the Supreme Court’s mandate.
- Rule Harmonisation Across Services: Central and State service rules should be revised to align with RPwD Act provisions.
- Amendments should ensure PwDs receive parity with OBC/SC/ST upward mobility practices, leaving reserved seats for others.
- Data Transparency and Audits: Disability representation data must be regularly published and verified.
- The DoPT Annual Report should resume full coverage across ministries, with independent audits for compliance.
- Universal Disability ID Coverage: The UDID project must be accelerated to ensure all eligible PwDs get IDs.
- Full-scale implementation of the Unique Disability ID (UDID) scheme can provide 100% certification, enabling equal access to reservation benefits.
- Capacity Building and Sensitisation: Training institutions must integrate disability rights in their curriculum.
- The (Lal Bahadur Shastri National Academy of Administration (LBSNAA) and State Administrative Training Institutes can include modules on reasonable accommodation and upward mobility for recruiters.
- Independent Oversight Mechanism: Create a central body for monitoring PwD employment and mobility.
- A PwD Ombudsman under MSJE could function like the National Commission for SC/ST, ensuring grievance redress and compliance.
Conclusion
The Supreme Court reaffirmed that reservation is a ladder, not a cage. With PwDs forming only 1% of the workforce against a mandated 4%, ensuring upward mobility is vital for converting formal equality into substantive empowerment.
- “The true measure of a society is how it treats its most vulnerable members” — this judgment anchors India’s constitutional vision of equality, dignity, and justice for PwDs.