Reserve 3% govt jobs for
disabled, Supreme Court tells Centre
A
marathon legal struggle for a level-playing field brought something to cheer
about for at least 4 crore people with disabilities in India as the Supreme Court on Tuesday
ruled in favour of a minimum 3 percent reservation for them in all Central and
state government jobs.
This,
the court said, would "ensure proper implementation of the reservation
policy for the disabled and to protect their right".
Regretting
the denial of opportunities to differently-abled people in the country, a bench
led by Chief Justice P Sathasivam quashed the Centre's 2005 office memorandum
and the government's claim that the reservation policy not only had to be
different for Group A, B C and D posts but the quota had to confine to
"identified" posts.
The
court ruled that the reservation had to be on the basis of total number of
vacancies in the cadre strength and not just on posts so identified by
authorities.
"For
the persons with disabilities, the changing world offers more new opportunities
owing to technological advancement, however, the actual limitation surfaces
only when they are not provided with equal opportunities. Therefore, bringing
them in the society based on their capabilities is the need of the hour,"
said the bench, which included Justices Ranjana P Desai and Ranjan Gogoi.
While
ordering the issuance of an amended memorandum, the court directed the
"appropriate government" to compute the number of vacancies available
in all "establishments" and further identify posts for disabled
persons within three months and implement the new policy.
Upholding
the contentions of senior advocate S K Rungta, who appeared for the 'National
Federation of the Blind,' the bench made it clear that the 3 per cent
reservation has to be earmarked across Group A, B, C and D posts in entities
established by or owned and controlled or aided by Central and state
governments or by a local authority.
It will also apply to a government company
as well as all its departments.
"Reservation of 3 per cent for
differently-abled persons should have to be computed on the basis of total
vacancies in the strength of a cadre and not just on the basis of the vacancies
available in the identified posts...not less than 3 per cent of the vacancies
for the persons or class of persons with disability, of which 1 per cent each
shall be reserved for persons suffering from blindness or low vision, hearing
impairment and locomotor disability or cerebral palsy," the court said.
It also threw out the government's
argument that an overall 3 per cent reservation in the cadre strength in Group
A and B could violate the rule of 50 per cent ceiling of reservation for SC, ST
and OBC candidates, as laid down in the Mandal judgement. The court held there
was no applicability of Mandal judgement in this case while criticising the
government for its specific opposition to reservation for the disabled,
particularly in Group A and B posts.
The court lamented that although the the
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act was enacted way back in 1995, the disabled had failed to
benefit from it.
"Employment is a key factor in the
empowerment and inclusion of people with disabilities. It is an alarming
reality that the disabled people are out of job not because their disability
comes in the way of their functioning rather it is social and practical
barriers that prevent them from joining the workforce. As a result, many
disabled people live in poverty and in deplorable conditions. They are denied
the right to make a useful contribution to their own lives and to the lives of
their families and communities," the court said.
It reminded the Central and state
governments of their obligation under the constitution and under various
international treaties on human rights for protecting the rights of disabled
persons.
HIGHLIGHTS:
#
The 2001
census showed that 2.1 % of the population had different kinds of disabilities
# The 2011
census is yet to come out with statistics
#
Estimates by UN bodies and the Planning Commission place it at about 10 %
#
According to Javed Abidi, honorary director of the National Centre for
Promotion of Employment for Disabled People and the founder of the Disability
Rights Group, the most conservative estimate will put it between 5% and 6 %
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