Breaking News :
Many firsts in PM Modi's Russia, Austria trip next week
- Amit Bhardwaj
- 24 Jul, 2024
The controversy ignited by IAS trainee Puja
Khedkar has raised questions about the reservation of People with Disabilities
(PwDs) in the Civil Services. Conversations involved high-level policymakers
not only discussing reservations but also questioning the capability of PwDs to
serve in these positions. The debate has highlighted concerns about affirmative
action, representation, diversity, inclusion, awareness of disability models
and legislation, and the need to sensitize authorities on these issues.
The Constitution guarantees equality of
opportunity in all spheres of employment to any office under the State by way
of Article 16. The Rights of Persons with Disability Act, 2016 (RPwD) has
modelled Section 21 after this provision stating that every establishment shall
notify an equal opportunity policy. The equal opportunity policy encompasses
the need for reasonable accommodation and barrier free environment at
workplaces which has been rightly mentioned in Section 20 of the RPwD. The
requirement of an equal opportunity policy stems from the principles of
diversity and inclusion that call for the infusion of PwDs in the world of
work. In this scheme of things, integration of PwDs into the mainstream becomes
imperative not just for the purposes of representation but to also bring in
changes into the policy based on their lived experiences.
It is important to recognize that disability
must be understood through the multiple intersections experienced by PwDs.
While disability is a central aspect for many, PwDs often face additional
marginalization due to their identities, such as being women, dalits,
economically disadvantaged, and so forth. Therefore, reservation policies are
essential to highlight the challenges faced by PwDs and to ensure they have a
level playing field alongside other members of society. By doing so,
reservation policies not only promote inclusivity but also recognize the
diverse needs and contributions of PwDs within the broader framework of
societal progress.
As PwDs persist in overcoming physical,
institutional, and attitudinal obstacles in their daily lives, policymakers
must seek ways to facilitate their integration into the workforce. Exclusionary
remarks originating from policy-making circles reflect societal biases against
PwDs and contribute to their perpetuation. Training and Sensitisation of
officers and ministers becomes crucial to not just understand the legal
framework but also to foster diversities in disability. In an earlier article, I had
argued that it is not recognised enough that there is diversity in disability
as well. It is indisputable that disability contains within its realm physical,
mental, chronic and invisible disabilities, each with its own strengths and
uniqueness. Thus, to fit disability in a ‘one size fits all’ approach is not
just detrimental but deeply disturbing in the discourse of advancement of
disability rights. The Supreme Court has time and again supported the
acknowledgment of differences and acceptance of PwDs as part of diversity, thus
advocating for their dignity and empowerment.
The debate on reservations for PwDs in Civil
Services witnessed the general public and senior officers focusing on
disability from a narrow medical perspective. This myopic view of disability
prioritizes a person’s physical impairments over societal barriers. While this
perspective on disability has prevailed for years, it has predominantly served
to further ostracise PwDs and promote welfare laws that treat PwDs as
recipients of charity rather than as equal participants in society. A shift in
this viewpoint is critical to build progressive policies and laws to address
the issues faced by PwDs. A human rights approach, coupled with a social
perspective that honors the dignity, diversity, and individuality of people
with disabilities (PwDs) and promotes a barrier-free society, is essential for
developing the discussions on disability rights.
Similar to everyone else, people with
disabilities (PwDs) lead multifaceted lives, and their personal experiences can
inform reforms in legal and regulatory frameworks. Facilitating their
engagement and active participation in public life is crucial for advancing
these efforts. Within this context, making presumptions and reaching
conclusions, particularly from individuals who have the potential to drive
positive change, can significantly disrupt the lives and aspirations of
millions within the disability community in the country. The ensuing dialogue
has shifted from the issues afflicting PwDs to penalising an entire community
for the acts of a few. There is a pressing need to educate and sensitize
officers in positions of authority about the current laws and policy framework.
This will enable them to profess empathy and actively promote diversity and
inclusion for people with disabilities (PwDs).
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