SC flags hostile discrimination against persons with disabilities

New Delhi: Flagging the hostile discrimination against persons with disabilities in employment, the Supreme Court on Friday asked the Centre whether measures were taken to provide “upward movement” of such meritorious candidates if they secured more than the cut-off for the unreserved category.

The apex court also directed a nationwide monitoring of all state-run care institutions housing persons with cognitive disabilities to be undertaken under the name and style of “Project Ability Empowerment” by eight National Law Universities (NLU).

A bench of Justices Vikram Nath and Sandeep Mehta delivered its verdict on the pleas seeking judicial intervention for addressing the systemic barriers faced by persons with disabilities and ensuring enforcement of statutory safeguards.

The bench dealt with the aspect of reservation under the Rights of Persons with Disabilities Act (RPwD), 2016, and said it was imperative to make a positive interpretation of “reservation” as provided under Section 34 of the Act.

Section 34 of the Act deals with reservation in employment for persons with disabilities.

The bench referred to an important facet of reservation to persons with disabilities and the grave discrimination being faced by them, as against those who face discrimination as a result of a societal setup.

“The latter category of persons is entitled to social reservation under Article 16(4) of the Constitution of India, which provides an upward movement in case the person belonging to such reserved category performs well in the evaluation process and stands higher in merit above the cut-off for the unreserved category,” the bench said in its 65-page verdict.

It noted such a meritorious candidate would automatically move up to the unreserved category, leaving the reserved seat vacant to be occupied by a candidate from the reserved category who scored less in the evaluation process.

“However, we are informed and it is a matter of grave concern that the same treatment is not provided to persons with disabilities protected under the RPwD Act, who, in spite of standing higher in merit, are denied such upward movement,” it said.