The Hindu : Opinion / Editorials : JUSTICE FOR THE DISABLED

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Monday, Jan 31, 2005

Opinion

Opinion - Editorials

JUSTICE FOR THE DISABLED

PRIME MINISTER MANMOHAN Singh has issued orders for opening all non-technical Group `A' and Group `B' Civil Services to the disabled. In addition to enforcing existing legal provisions, the move is bound to have a far-reaching impact in terms of breaking stereotypes and negative mindsets on this segment of the population. The Persons With Disabilities (equal opportunities, protection of rights and full participation) Act, 1995 guarantees three per cent reservation at all levels of employment in the Government and in public sector undertakings. However, according to a study done by the National Centre for Promotion of Employment of Disabled People, less than one per cent of the employable disabled population is engaged in any income-generating work. Competition for jobs under the Union Public Service Commission has progressively been made less iniquitous for the physically handicapped following the Supreme Court's directive in the 1980s. Now candidates who are blind or have low vision are permitted to engage writers in examinations and venues have improved access for wheel-chair users. Consequently, the number of aspirants as well as of those who qualify has increased significantly in recent years.

Paradoxically, another arm of the Government, the Department of Personnel and Training, has had little compunction in citing disability as a ground for declaring successful candidates unfit for any of the services. Redress, if any, against this patently discriminatory attitude has come after legal battles or through executive intervention. The Prime Minister's recent initiative to get a candidate with polio in one arm admitted to the Indian Revenue Service tells its own tale. It needed a sequence of measures at the highest level to rectify these anomalies. The Ministries in charge of the Indian Police, Foreign, and Forest Services have been asked to examine the applicability of the reservation provisions in the PWD Act. However, little thought seems to have gone into the decision to exclude the disabled from other highly competitive services in the current year. At the minimum, a disability cannot be a ground for non-qualification when persons can meet the basic prerequisites of a work situation. Inclusion in all such cases will be consistent with the fundamental rights of equality of opportunity and non-discrimination. Where a disability imposes limitations on the performance of employees, justice demands that reasonable modifications be made to the work environment to enable them to discharge their responsibilities. This principle is globally recognised. The United Nations Standard Rules on the Equalisation of Opportunities for People with Disabilities (1993), and the International Labour Organisation's recommendations on the subject should serve as a benchmark for the identification of appropriate employment arenas.

A patronising attitude or seeing the issues in terms of `charity' rather than entitlement seems to lie at the root of poor enforcement of the relevant laws. This in turn is linked to the overall neglect of citizens' rights in governance. It is time the system corrected both its theory and practice relating to the rights and entitlements of the disabled. The Prime Minister's recent orders should send a strong signal down the administrative hierarchy that implementing progressive social policy is an essential part of the development process. The 2001 census put the total number of the disabled at 2.13 per cent of the Indian population, which meant more than 20 million people. Enhancing the productive potential of such a vast human resource pool is an imperative of socio-economic development. In addition to improving livelihood prospects in a country of mass deprivations, such socially progressive policies will impart a sense of dignity and personal fulfilment to the disabled.

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