Rights of Persons with Disabilities Act, 2016 – Rights of persons with disabilities – Persons with disabilities-PwD and Persons with Benchmark Disabilities-PwBD – Discrimination – Petitioner, diagnosed with Focal Hand Dystonia, type of Writer’s Cramp, classified as chronic neurological condition, and assessed with 25% permanent disability – He applied for various examinations conducted by different recruitment bodies, however, not provided with any facilities available to PwD, such facilities restricted only to the PwBD – Writ petition by the petitioner seeking directions to respondents to provide the petitioner with the facility of a scribe, compensatory time and all other facilities, considering his disability status for examinations – Clarification by the court that respondent No.2-State Bank of India not to insist on the requirement of a benchmark disability for the facility of a scribe – Pursuant thereto, the petitioner provided with a scribe and compensatory time during the examinations – Case of the petitioner that though the Office Memorandum dt 10.08.2022 came to be issued by Union of India in accordance with the directions of this Court in Vikas Kumar’s case, it failed to incorporate the essence of reasonable accommodation, the true meaning and purpose of the Act, all benefits relating to PwBD candidates, not extended to PwD candidates, only selective facilities were extended, as such contains defects:
Held: Principle of reasonable accommodation is central to ensure equality for all the persons with disabilities; and denying the facility of scribe or compensatory time, constitutes discrimination under the Act – Artificial distinction and bifurcation drawn between PwD and PwBD disabilities (40% disabled or more) is sought to be diminished by extending various rights to candidates with disabilities that were earlier limited only to those with benchmark disabilities – Examination bodies are stressed upon to implement accessibility measures, to prevent discrimination and provide equal opportunities for the persons with disabilities – Rights of disabled persons are less instructive and more general and that, right to education, right to equality, and right against discrimination accorded to them will only be truly realized, when State structures form policies, laws, and rules to provide equal access and reasonable accommodation to such persons – All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time except for reservation, in writing the examinations – Certain defects and lacunas in the guidelines issued by respondent No. 5, as well as in the implementation of this Court’s directions, resulting in different authorities following disparate procedures – Thus, urgent need for uniform memorandum for examinations applicable to all PwD candidates, and responsibility of respondent no. 5 to ensure its proper and just compliance – Guidelines issued by respondent no.5 pursuant to the directions of this Court, to be enforced, by extending the benefits for PwBD candidates to all PwD candidates in writing their examinations – Direction to respondent no.5 to revisit the guidelines, remove the restrictions and grant relaxations in a reasonable manner and re-notify the same – Constitution of India – Art.32. [Paras 10, 12, 13, 15, 17, 19] Rights of Persons with Disabilities Act, 2016 – Persons with disabilities – Guidelines by the nodal agency-Government of India pursuant to the directions of this Court in Vikas Kumar’s case – Enforcement – Benefits extended for PwBD candidates to be extended to all PwD candidates in writing their examinations – Directions to Government of India to revisit the Office Memorandum dated 10.08.2022, remove the restrictions, grant relaxations in a reasonable manner and re-notify the same:
Held: Directions to all authorities to uniformly follow guidelines issued and ensure strict adherence – Periodic sensitization drive to be carried out at educational institutions – Setting-up of grievance redressal portal – Re-notification of the existing guidelines – Extension of validity of scribe certificate – Setting up of incentive programs for scribes – Allowing candidates time prior to examination to familiarise with the scribe – Offer choice of examination modes to PwD candidates – Penal action against authorities on failing to follow the guidelines – Sensitisation of the authorities, to address the reasonable accommodation needs of PwDs – Ensure strict compliance with the Vikash Kumar’s case and Avni Prakash’s case as well as the provisions of the RPwD Act, 2016, with a special focus on ‘reasonable accommodation’. [Para 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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