Reservations for Persons with Disabilities (PwDs) | UPSC

Introduction

• The recent controversy involving Puja Khedkar, who has been accused of falsifying her disability and caste to gain benefits, has ignited a debate over reservations for persons with disabilities (PwDs) in India. 
• The issue has gained further traction following a tweet from a former chief executive officer of NITI Aayog, suggesting that reservations for PwDs need to be reassessed. This situation necessitates a thorough examination of the reservation system for PwDs in India. 

Who are Persons with Disabilities in India?

Definition:

• • • According to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), persons with disabilities (PwDs) are individuals with long-term physical, mental, intellectual, or sensory impairments that hinder their full and effective participation in society on an equal basis with others.

Census Data:

• • According to the Census 2011, there are 26.8 million persons with disabilities in India, constituting 2.21% of the total population. 
  • This includes disabilities in seeing, hearing, speech, movement, mental retardation, mental illness, multiple disabilities, and other disabilities.

National Sample Survey (NSS):

• • The 76th round of the National Sample Survey (NSS) conducted in 2018 estimated that the employment rate for PwDs was only 23.8%, compared to the national average Labour Force Participation Rate of 50.2%. 
  • This highlights the significant employment gap faced by PwDs.

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Famous Committees

Sudha Kaul Committee (2011):

• • This committee was set up to draft a new disability law, which eventually led to the formulation of the Rights of Persons with Disabilities Act, 2016. The committee focused on aligning Indian disability laws with the UN CRPD.

Javed Abidi Committee:

• • This committee was instrumental in advocating for the inclusion of disability rights within the broader human rights framework in India. 
  • Javed Abidi, a prominent disability rights activist, played a key role in shaping policies and raising awareness about the rights of PwDs.
  • Mr Abidi set up the Helen Kellar Awards to recognise and reward organisations in the private sector that employed PwDs.
  • He was instrumental in setting up of the National Centre for Promotion of Employment for Disabled People in 1996. 

National Advisory Council (NAC) Recommendations:

• • The NAC, headed by Sonia Gandhi, provided significant recommendations for the inclusion of disability issues in national policies, including recommendations for the Rights of Persons with Disabilities Act.

Committee on the Rights of Persons with Disabilities:

• • This committee oversees the implementation of the UN CRPD in India and ensures that national laws and policies comply with international standards for the rights of PwDs.

Provisions for Reservations for Persons with Disabilities

Rights of Persons with Disabilities Act, 2016:

• •  This Act, which came into force in April 2017, replaced the 1995 Act and uses the same definition as the UN CRPD to define PwDs. 
  • It introduces the concept of a ‘Person with Benchmark Disability’ as someone with not less than 40% of a specified disability.
  •  The Act increases the reservation for PwDs from 3% to 4% in government jobs and from 3% to 5% in higher education.

Landmark Judgements 

Indra Sawhney v. Union of India (1992):

• This landmark judgment established the framework for reservations in India, distinguishing between vertical and horizontal reservations. It clarified that reservations for persons with disabilities (PwDs) should be considered horizontal reservations under Article 16(1) of the Constitution, allowing a 3% quota for PwDs without affecting the 50% ceiling for vertical reservations.

Govt. of India vs Ravi Prakash Gupta (2010):

• The Supreme Court mandated the implementation of the 3% reservation for PwDs in all government jobs, including civil services and promotions. This ruling ensured that reservations for PwDs must be applied at all stages of employment.

Union of India vs National Federation of the Blind (2013):

• The Supreme Court directed the government to ensure a 3% reservation for PwDs in all categories of public sector employment. The court emphasized the need for the government to identify suitable posts for PwDs and implement the reservation effectively.

Vikas Kumar vs Union Public Service Commission (2021):

• The Supreme Court ruled that the government must provide reasonable accommodations for PwDs in competitive exams, including extra time and necessary facilities. This decision reinforced the principles of equality and non-discrimination in access to education and employment opportunities.

Jagdish Lal vs State of Haryana (1997):

• This case addressed the issue of reservations in promotions. The Supreme Court held that reservations in promotions are permissible under Article 16(4A) of the Constitution, but it did not explicitly deal with reservations for PwDs.

National Federation of the Blind vs Union Public Service Commission (2014):

• In this judgment, the Supreme Court directed the UPSC to provide a 3% reservation for PwDs in civil services exams. The court also emphasized the need for reasonable accommodations, such as providing scribes for visually impaired candidates.

Anamika Mishra vs Union of India (2019):

• The Supreme Court ruled that PwDs are entitled to horizontal reservations across all categories, including SC, ST, OBC, and General. The judgment clarified that PwDs should not be placed in a separate category but rather accommodated within the existing categories with their 4% quota.

Saurav Yadav vs State of Uttar Pradesh (2020):

• This judgment dealt with the issue of horizontal reservations, including reservations for PwDs. The Supreme Court held that horizontal reservations should be calculated proportionately within each vertical reservation category, ensuring that the rights of PwDs are adequately protected within the overall reservation framework.

Significance of Reservations for PwDs

Equitable Opportunities:

• Reservations aim to level the playing field for PwDs, who face discrimination and barriers in accessing jobs, aligning with Article 16 of the Indian Constitution. For example, Ira Singhal, the first differently-abled woman to top the UPSC civil services exam, faced initial rejection in postings due to her physical disability Scoliosis but benefited from reservation policies to secure her rightful position.

Low Employment Rate:

• Only 23.8% of PwDs were employed in India in 2018, compared to the national average of 50.2%. Reservations help ensure adequate representation. For instance, the Maharashtra government’s decision to fill 2,000 reserved posts for PwDs in 2019 aimed to address this disparity, providing more job opportunities for PwDs.

Structural Discrimination:

• PwDs often face hiring biases and lack reasonable workplace accommodations. For example, exam formats are typically designed for able-bodied individuals. 

Challenging Ableism:

• Reservations promote the inclusion of PwDs, challenging societal ableism and reducing stigma. For instance, Arunima Sinha, who became the world’s first female amputee to climb Mount Everest, has been a vocal advocate for PwD rights and inclusion, challenging societal perceptions and inspiring many.

Career Progression:

• Reservations in promotions prevent career stagnation, supporting economic independence and self-esteem for PwDs. An example is Preeti Singh, an officer with a locomotor disability, who was promoted to the Indian Administrative Service (IAS) due to the reservation policy, enabling her to advance her career.

Legislative and Judicial Support:

• The Rights of Persons with Disabilities Act, 2016, and various Supreme Court judgments endorse reservations for PwDs, recognizing their necessity for inclusive governance. For example, the Supreme Court’s directive in the National Federation of the Blind case ensured a 3% reservation for PwDs in public sector jobs, reinforcing the legislative mandate and protecting the rights of PwDs.

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Challenges in Implementing Reservations for PwDs

Flawed Certification System:

• India’s disability certification system, which quantifies disabilities by percentage, is outdated and not supported by the UN CRPD. For instance, India’s first blind MP, Sadhan Gupta, encountered significant bureaucratic hurdles in obtaining his disability certification. Despite these challenges, he became a prominent advocate for the visually impaired, emphasizing the inefficiencies and outdated nature of the disability certification system. Government reports indicate that many PwDs struggle to obtain necessary certifications due to stringent and arbitrary criteria.

Assessment Challenges:

• The lack of specialists and complicated assessment guidelines make the certification process inaccessible and time-consuming. 

Outdated Psychosocial Disability Assessment:

• The (Indian Disability And Assessment Scale) IDEAS scale for assessing psychosocial disabilities is outdated, leading to rejection of those with less apparent disabilities. For instance, despite being a renowned para-athlete and the first Indian woman to win a medal in the Paralympic Games, Deepa Malik faced significant challenges in obtaining recognition for her disability due to outdated and subjective assessment methods. Her advocacy has highlighted the need for modern and inclusive assessment methods that accurately reflect the impact of psychosocial disabilities. 

Unconscious Ableism:

• Biases within public service hinder effective implementation of reservation policies. For instance, Kartik Sawhney, a visually impaired student, faced significant bias when he was initially denied the opportunity to study science in high school due to his disability. Despite these challenges, he went on to become the first blind student to pursue a science degree at Stanford University. His perseverance and success underscore the deep-rooted ableism in educational and administrative systems that often hinders PwDs from realizing their full potential.

Exploitation of Benefits:

• Instances of individuals misrepresenting disabilities, such as in the Puja Khedkar case, undermine the integrity of reservation policies. Puja Khedkar was accused of falsifying her disability and caste certificates to gain government job benefits, drawing attention to the need for stricter verification processes to prevent such exploitation.

Way Forward

Revise Assessment Criteria: 

• • Disability assessment should be based on functional limitations rather than medical percentages.
  • Example: In the UK, the Personal Independence Payment (PIP) system assesses individuals based on their ability to perform daily activities and mobility tasks, rather than purely on medical diagnoses. India could adopt a similar approach, focusing on functional limitations to provide a more accurate and fair assessment of disabilities.

Address Structural Limitations: 

• • Improve medical staff and infrastructure at local hospitals to make the certification process more accessible.
  • Example: The Accessible India Campaign aims to enhance accessibility in public buildings and transportation. Expanding this initiative to include improvements in medical infrastructure, such as equipping local hospitals with necessary tools and training medical staff, would make the certification process more accessible for PwDs. For instance, establishing specialized disability assessment centers in rural areas could significantly reduce the travel burden on PwDs.

Update Psychosocial Disability Assessment: 

• • Develop a new model for assessing psychosocial disabilities, replacing the outdated IDEAS scale.
  • Example: Australia’s National Disability Insurance Scheme (NDIS) uses a more holistic approach to assess psychosocial disabilities, considering individual needs and supports required. India could develop a new model that aligns with such international best practices, replacing the outdated IDEAS scale with a more comprehensive assessment tool.

Regular Review and Updates: 

• • Regularly review and update the list of specified disabilities to align with international standards and best practices.
  • Example:The United States’ Social Security Administration (SSA) regularly reviews its listing of impairments to ensure they reflect current medical and technological advancements. Similarly, India should establish a periodic review mechanism to update the list of specified disabilities, ensuring alignment with international standards and best practices, like those outlined by the UN CRPD.

Robust Monitoring and Evaluation:

• •  Implement a tracking mechanism to detect fraud, including regular audits, data collection, and stakeholder consultations.
  • Example: Estonia has implemented a robust digital system for tracking and verifying disability benefits, reducing fraud and ensuring that benefits reach the intended recipients. India could implement a similar digital tracking mechanism, incorporating regular audits, data collection, and stakeholder consultations to detect and prevent fraud. For example, creating a centralized database for disability certificates and linking it with other government databases could enhance transparency and accountability.