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A job and career right the disabled cannot be denied
Context:
A case dealing with reservation in the promotion of persons with disabilities is long waiting for justice.
Features of PwD Act 1995:
- Right to be employed- It recognised the right of the disabled person to be employed and promoted in government jobs on equal basis with others.
- Reservation- It introduced 3% reservation for the disabled in employment in Group A ,B,C & D.
- Percentage of reservation- It also ?xed the percentage of reservation of seats at 3%, which opened the gates of recruitment to disabled people in di?erent sectors of the government.
Reservation in promotion:
- Recognized in 1998- Reservation for the disabled in promotion in all groups was first interpreted as an integral part of reservation by the Department of Personnel and Training, in 1998.
- Withdrew in 2005- Unfortunately, another Department of Personnel and Training order in 2005 withdrew the reservation of the disabled in promotion in Groups A and B.
- SC ruling- The SC final judgement was made in 2016, granting reservation in promotion in Groups A and B. But the Government of India did not make any e?ort or give any direction to implement the judgement.
Effect of this on rights of disabled:
- Denying the disabled the right to progress- The denial of reservation in promotion is a major factor in denying the disabled the right to progress to a higher level in their organisation.
- Hindrance in inclusion- It is a hindrance in the goal of inclusion of the disabled in society.
- Preventing them from contributing-It is also preventing them from making an active contribution to India’s development.
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