SUPREME COURT UPHOLDS DISABILITY RIGHTS AS FUNDAMENTAL

• The Supreme Court (SC) ruled that visually impaired candidates can participate in judicial service exams.
• The judgment affirmed that the right against disability-based discrimination under the Rights of Persons with Disabilities (RPwD) Act, 2016 is a fundamental right.

SC Ruling on Disability Rights in Judicial Services

• Striking Down Discriminatory Provisions:
  • Addressed petitions related to Madhya Pradesh Judicial Service Examination Rules, 1994 and Rajasthan Judicial Service Rules, 2010.
  • Rule 6A (MP Judicial Service Rules, 1994) was struck down for excluding visually impaired candidates despite their qualifications.
• Recognition of Disability Rights:
  • Exclusion violates Article 14 (Equality before law) and Article 15 (Prohibition of discrimination) of the Constitution.
• Affirmative Action:
  • The Court emphasized a rights-based approach over a charity-based one for equal employment opportunities.
  • Reasonable accommodations must be provided, as per the UNCRPD and the RPwD Act, 2016.
  • Relaxations in eligibility criteria allowed for PwDs, similar to those for SC/ST candidates, when there’s a lack of adequate PwD candidates.

Landmark Cases Related to PwDs

• Suchita Srivastava v. Chandigarh Administration (2009): Upheld reproductive rights of a mentally retarded woman.
• of India v. Ravi Prakash Gupta (2010): Predefined job criteria cannot deny reservations to visually impaired candidates.
• Union of India v. National Federation of the Blind (2013): 3% reservation applies to the entire cadre strength, not just identified posts.
• Deaf Employees Welfare Association v. UoI (2013): Equal transport allowance for hearing-impaired govt. employees.
• Om Rathod vs Director General of Health Services (2024): Functional assessment of abilities should override rigid eligibility criteria.

Status of PwDs in India

• Population:21% (2.68 crore) of India’s population (Census 2011).
• 21 Recognized Disabilities under RPwD Act, 2016 (e.g., Visual Impairment, Hearing Impairment, Cerebral Palsy, etc.).

Constitutional Provisions for PwDs:

• Fundamental Rights: Articles 14, 19, 21.
• Directive Principles of State Policy (DPSP): Article 41 (public assistance for disability).
• Panchayats & Municipalities:
  • 11th Schedule (Article 243-G): Focus on social welfare, including PwDs.
  • 12th Schedule (Article 243-W): Protection of weaker sections, including PwDs.

Laws Related to Disability Rights:

• RPwD Act, 2016: Ensures equal opportunities and rights for PwDs.
• National Trust Act, 1999: Welfare body for PwDs with Autism, Cerebral Palsy, etc.
• Mental Health Care Act, 2017: Protects the rights of persons with mental illness.

Challenges Faced by PwDs in India

• Social Barriers: Employment, education, income challenges due to stigma and discrimination.
• Transportation Barriers: Inaccessible systems limit independent functioning.
• Communication Barriers: Limited non-verbal communication channels for hearing/speech impaired.
• Policy & Programmatic Barriers: Inconvenient scheduling and inaccessible public healthcare.
• Intersectional Marginalization:
  • Women with disabilities face dual discrimination based on gender and disability.
  • 44% of disabled population are females (Census 2011), mostly in rural areas.

India’s Initiatives for the Empowerment of PwDs

• PM-DAKSH: Skill development & rehabilitation scheme for PwDs.
• Accessible India Campaign: Promotes barrier-free environments.
• Deen Dayal Disabled Rehabilitation Scheme: Focuses on empowerment and inclusion.
• Assistance for Aids/Appliances: Financial aid for purchasing aids.
• National Fellowship for Students with Disabilities: Support for higher education.