Right Against Disability-Based Discrimination

The Supreme Court has declared that the right against disability-based discrimination should be considered a fundamental right. 

• The ruling came in response to petitions challenging certain provisions of the Madhya Pradesh and Rajasthan Judicial Service Rules, which were found to be discriminatory.

Key Highlights of the Supreme Court Judgment

• The Court observed that disability-based discrimination violates the constitutional principles of equality and non-discrimination.
• Eligibility of Visually Impaired Candidates for Judicial Services: The Court ruled that visually impaired candidates are eligible to participate in the selection process for judicial services.
• Striking Down Discriminatory Provisions: The Court struck down Rule 6A of the Madhya Pradesh Judicial Service Rules, 1994, to the extent that it excluded visually impaired persons from applying for judicial posts.
  • The Court acknowledged that visually impaired individuals can compete on equal footing and contribute significantly to the justice delivery system.
• Principle of Reasonable Accommodation: The Court reiterated that the principle of reasonable accommodation, as enshrined in international conventions and the RPwD Act, 2016, mandates that accommodations be provided to PwDs to assess their eligibility.
  • It emphasized that indirect discrimination resulting in the exclusion of PwDs is unacceptable.
• Affirmative Action and Inclusive Framework: The Court highlighted the need for affirmative action by the State to create an inclusive framework for PwDs.

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.

Legal Framework in India

• Rights of Persons with Disabilities (RPwD) Act, 2016: Prohibits discrimination against persons with disabilities and mandates equal opportunities in employment, education, and public services.
• Article 14 (Right to Equality) and Article 21 (Right to Life and Dignity) of the Indian Constitution: Protect persons with disabilities from discrimination and ensure their full participation in society.

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.
• Rights and Entitlements: The Act guarantees equality, non-discrimination, and equal protection under the law for persons with disabilities.
• 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.
• • It also provides for the appointment of Chief Commissioners and State Commissioners to address grievances and ensure compliance.