Context:

This article is exploring the scenario of the right to employment and reservation in the promotion of persons with disabilities in India.

Persons with Disabilities:

• The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

History of Legislative Events in India: 

Pros of Reservation in Job Promotion for Disabled Individuals: 

• Equality and Social Justice: 
  • The principle of equal opportunity is crucial in a democratic society. 
  • Disabled people often face discrimination and systematic disadvantages, making it harder for them to advance in their careers. Providing reserved promotions can help balance these inequalities. 
• Diversity and Inclusion: 
  • A diverse workplace fosters innovation and brings varied perspectives, which can lead to better decision-making and problem-solving. 
  • By ensuring the promotion of disabled individuals, companies can enhance their diversity and inclusion, leading to a more vibrant and dynamic work environment. 
• Compliance with Legislation: 
  • In many countries like the Netherlands, Norway & Sweden, there are laws mandating reasonable accommodations for disabled individuals in the workplace. 
    • These include policies for promotions, which, when followed, can help the organization avoid potential legal repercussions. 
• Inspiring Others: 
  • Seeing disabled individuals in higher positions can inspire others with disabilities, sending a powerful message that they, too can attain such positions. 
  • Example: A company that promotes a person with a disability may inspire others in similar situations to strive for such roles, thereby enhancing their work commitment and motivation. 

Cons of Reservation in Job Promotion for Disabled Individuals: 

• Potential for Reduced Meritocracy: 
  • A common argument against reservation in promotions is that it may diminish the importance of merit in deciding who gets promoted. 
  • If someone is promoted based on their disability status rather than their skills or performance, it could potentially lower the overall competency in these positions. 
• Possible Resentment among Other Employees: 
  • If promotions are perceived as being given out based on criteria other than merit, it could foster resentment among other employees who feel they are being unfairly overlooked. 
• Dependency instead of Capability Building: 
  • Some argue that instead of creating reservations, more focus should be given to building the capabilities of disabled individuals, providing them with skills and tools that can help them compete on an equal footing. 
• Stigma and Stereotyping: 
  • There is a risk that promoted individuals may face stigma or be stereotyped as having been promoted solely because of their disability, rather than their skills or contributions. This could lead to a lack of respect or recognition from their peers or subordinates. 
• Example: If an employee with a disability is promoted and other employees believe it was solely due to the reservation policy, this may lead to strained relations and a lack of cooperation within the team. 

Conclusion:

The judiciary has played a significant role in granting justice and equality to the disabled especially after the enactment of the PwD Act, 1995, and now it’s the time for the judiciary to proactively make a decision keeping in mind the inclusive constitutional wisdom of the Indian republic.

News Source: The Hindu