Broadening the horizon
In line with international covenants and constitutional ethos, the set of rules aimed at promoting inclusion of differently abled people needs to be extended to include reservations in legislative institutions
The world needs to be made a platform where all have an opportunity to live their dreams, and also be an inspiration. For this, we need reservations for the differently abled in higher political offices.
Lawmaking is a legislative process and not adjudicatory. There are no particular provisions that reserve positions for individuals with disabilities in higher political roles such as Member of Parliament (MP) and Member of Legislative Assembly (MLA). In furtherance of constitutional mandate and in furtherance of the 1992 Proclamation on “Full Participation and Equality of People with Disabilities adopted by the Economic and Social Commission for Asia and Pacific”, the Parliament enacted the Persons with Disabilities Act of 1995. The Act mandated a 3 per cent reservation in posts and services in government employment. Further, the Rights of Persons with Disabilities Act, 2016, has been another landmark in the journey towards disability rights in India. This Act replaced the earlier statute of 1995. The RPwD Act of 2016 also provides a comprehensive framework to protect and promote the rights of persons with disabilities, covering aspects like reservation, education, employment, convenient work conditions, support and social security. Section 34 mandates a four per cent reservation for benchmark disability, but even this statute specifically lacks quota in the House of Parliament and Legislative Assemblies.
Section 2 (c) of the Act, 2016 defines "barrier" to mean “any factor including communicational, cultural, economic, environmental, institutional, political, social, attitudinal or structural factors which hamper the full and effective participation of persons with disabilities in society”. The word political is specifically included. Section 11 states that the Election Commission of India and the State Election Commissions shall ensure that all polling stations are accessible to persons with disabilities and that all materials related to the electoral process are easily understandable by and accessible to them. Section 3(1) of the RPwD Act requires the appropriate government to ensure that persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. However, the RPwD Act does not explicitly provide for reservation in positions such as MPs and MLAs. Also, there have been several DOPT guidelines for giving reserved positions in the government, but there is no such mandatory reservation in legislative positions.
The foundation for the rights of differently abled individuals in India is laid by the Constitution of India. This commitment is further reinforced by legislation as aforementioned and policies aimed to enhance the socio-political inclusion of disabled people.
Delhi High Court in one of the cases has said that the existence of a level playing field is a sine qua non for equal treatment. By enabling the enactment of special provisions, the Constitution plays its role as an equaliser by creating a level playing field. Many dictums on the judicial side have emphasised that the rights belonging to persons with disabilities are meant to secure inclusivity and human dignity. Such rights, although statutorily enacted, find their roots in the fundamental rights of life and equality as enshrined in the Constitution.
International law recognises the rights of all citizens to take part in the conduct of public affairs, to vote and be elected, and to have access to public service. This is based on the Universal Declaration of Human Rights and numerous subsequent international conventions. These rights are recognised as fundamental. The Convention on the Rights of Persons with Disabilities (CRPD) recognises that these rights apply equally to people with disabilities. Article 29 of the CRPD outlines the rights of people with disabilities in their participation in political and public life. It enumerates that people with disabilities are given political rights and that appropriate measures are adopted to ensure that they enjoy these rights on an equal basis with all others.
India has witnessed inspiring examples of differently abled individuals who have made significant strides in various fields, demonstrating the potential for inclusive political representations. The RPwD Act, along with other provisions, represents positive steps forward. However, continued efforts are needed to overcome leftover issues, such as more participation in law-making etc, ensuring that all individuals can contribute in the highest offices. Steps like these can also make us exemplary for other nations.
The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal
