Introduction

The recent controversy surrounding Puja Khedkar, who is accused of fabricating her disability and caste to receive benefits, has ignited a significant debate on reservations for persons with disabilities (PwDs) in India. This issue was further amplified when a former CEO of NITI Aayog suggested reassessing these reservations. The controversy calls for a deep introspection into the existing framework, its significance, challenges, and the way forward to prevent misuse.

The Legal Framework for Reservations

The foundation of reservations in India was laid by several landmark Supreme Court cases:

1. Indra Sawhney v. Union of India (1992): The Supreme Court established the framework for reservations, distinguishing between “vertical” and “horizontal” reservations. It noted that reservations for PwDs should be considered horizontal under Article 16(1) of the Constitution, allowing for a separate quota of 3% across various employment sectors without affecting the overall 50% ceiling for vertical reservations.
2. Govt. of India vs Ravi Prakash Gupta (2010): The Court mandated that the reservation policy for PwDs must be implemented at all stages of government employment, including promotions.
3. Union of India vs National Federation of the Blind (2013): The Court directed the government to ensure a 3% reservation for PwDs in all categories of public sector employment, emphasizing the need to identify suitable posts and implement reservations effectively.
4. Vikas Kumar vs Union Public Service Commission (2021): The Court ruled that the government must provide reasonable accommodations for PwDs in competitive exams, reinforcing the principle of equality and non-discrimination in access to education and employment opportunities.

Significance of Reservations for PwDs

1. Equitable Opportunities: Reservations aim to provide equal opportunities in employment for PwDs, who often face discrimination and barriers that hinder their access to jobs. This aligns with Article 16 of the Indian Constitution, which guarantees equality of opportunity in public employment.
2. Low Employment Rates: According to the 76th round of the National Sample Survey in 2018, only 23.8% of PwDs were employed in India, compared to the national Labour Force Participation Rate of 50.2%. Thus, reservations become an essential tool for ensuring adequate representation.
3. Addressing Structural Discrimination: PwDs face structural discrimination, such as stigma and biases at the hiring stage, and lack of reasonable accommodation at the workplace. For example, the education system and exam formats are typically designed for able-bodied individuals.
4. Challenging Ableism: Reservations help challenge the deep-rooted ableism in society by promoting the inclusion of PwDs in various roles, normalizing their presence in the workforce, and reducing the stigma associated with disabilities.
5. Career Progression: Allowing reservations in promotions ensures that PwDs have opportunities to advance in their careers, preventing stagnation and frustration, and supporting their economic independence and self-esteem.
6. Legislative and Judicial Support: The Rights of Persons with Disabilities Act, 2016, mandates reservations for PwDs. Various Supreme Court judgments have supported these reservations as necessary components of inclusive governance.

Challenges in Implementation

1. Flaws in Certification: India’s practice of quantifying disabilities by percentage is outdated and unsupported by the United Nations Convention on the Rights of Persons with Disabilities.
2. Assessment Challenges: A lack of specialists to evaluate various disabilities makes the certification process inaccessible and time-consuming. The complicated guidelines are often unrealistic for district hospitals constrained by resources.
3. Outdated Certification for Psychosocial Disabilities: Psychosocial disabilities are assessed based on the outdated IDEAS scale. People with less apparent disabilities often face rejection due to improper testing.
4. Unconscious Ableism: Bias within public service hinders effective implementation of reservation policies. Cases like Kartik Kansal and Ira Singhal, where service allocation was delayed despite clearing the UPSC exam, highlight this issue.
5. Exploitation of Benefits: Incidents of individuals misrepresenting their disabilities to gain benefits raise concerns about the integrity of reservation policies.

The Way Forward

1. Revised Assessment Criteria: Functional limitations, rather than medical percentages, should form the basis for disability assessment and certification.
2. Address Structural Limitations: Improve medical staff and infrastructure at local hospitals to facilitate easier certification for PwDs.
3. New Model for Psychosocial Disabilities: Develop a new assessment model to replace the outdated IDEAS scale.
4. Regular Updates: Regularly review and update the list of specified disabilities to align with international standards and best practices.
5. Robust Monitoring Mechanism: Implement a robust tracking system to detect fraud, including regular audits and data collection.

Conclusion

By adopting a comprehensive approach that addresses the legal, administrative, and social aspects, India can ensure fair and effective implementation of reservations for persons with disabilities in public employment. This will not only uphold the principles of equality and non-discrimination but also foster an inclusive society where PwDs can thrive.