International Day of Differently Abled Persons

Today, 03rd of December is regarded as the International Day of Persons with Disabilities.

Its so nice to think about them at least a day around the year.

They are sometimes disabled not only physically or mentally but socially and legally also.

Hence our constitution like many other countries' have made certain special provisions granting them certain privileges.

One amongst is regarding a little reservation for job and for education.

We have now considered them not as disabled but some one who does things using available limited provisions and differently than others.

So this differently-abled now get certain jobs to certain extent on some reservation, but were denied such reservation in promotions.

In recent times there were landmark decisions of Hon'ble Supreme Court and High Courts in this matter.

One of them was Union of India v/s. National Federation of the Blind & ors., decided by Supreme Court on 8th October 2013.

In this case the court gave the following guidelines to the Government of India in the matter of reservation for disabled(in gist):

(i) Modify the OM dated 29-12-2005 for mandating computation of 3% reservation on total number of vacancies in the cadre strength and the subsequent OMs consistent with this Court's Order

(ii) “Appropriate Government” shall compute the number of vacancies available in all the “establishments” and further identify the posts for disabled persons and implement reservation to fill in such vacancies without default.

(iii) Government shall issue instructions to all the departments/public sector undertakings/Government companies declaring that the non observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and Nodal Officer in department/public sector undertakings/Government companies, responsible for the proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default.”

The Supreme Court observed that the provisions of reservation in jobs establishes vividly the intention of the legislature viz., reservation of 3% for differently abled persons has 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.

The Supreme Court analyzed the provisions of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and arrived at the following conclusion:“ Thus, after thoughtful consideration, we are of the view that the computation of reservation for persons with disabilities has to be computed in case of Group A, B, C and D posts in an identical manner viz., “computing 3% reservation on total number of vacancies in the cadre strength” which is the intention of the legislature. Accordingly, certain clauses in the OM dated 29 December 2005, which are contrary to the above reasoning are struck down and we direct the appropriate Government to issue new Office Memorandum(s) in consistent with the decision rendered by this Court.” (emphasis supplied)

Following this in a more recent (Public Interest Litigation) case of National Confederation for Development of Disabled and another v/s. Union of India and others decided on 04.12.2013, the Bombay High Court further held that " In view of the aforesaid decision of the Supreme Court, it is clear that reservation has to be computed with reference to total number of vacancies in the cadre strength and, therefore, no distinction can be made between the posts to be filled in by direct recruitment and by promotion."

This decision of the Bombay High Court which related to Indian Administrative Service was attempted to be challenged in  Supreme Court by the Government of India. However, the Hon'ble Supreme Court on 13th September this year (2014), dismissed the Petition for Special Leave to Appeal filed by Government has confirmed the Order of Bombay High Court.

With this the clarity has been brought out in the matter of reservation for disabled and has been rendered further justice to such class.

It is a tenet of theory of distributive justice that in the absence of reservations the requirements of justice and fairness will not be met.

The famous Jurist John Rawls (A Theory of Justice -Rawls, 1971, p. 302; revised edition, p. 47) explains that Social and economic inequalities are to be arranged so that :

(a) they are to be of the greatest benefit to the least-advantaged members of society, consistent with the just savings principle (the difference principle).

(b) offices and positions must be open to everyone under conditions of fair equality of opportunity.

While we all stand for our own prosperity, kindly think of them who are disabled not for their fault at least today and also think what can you do not being disabled for their welfare and status equal to you in this society!