• UGI USER
  • Jul 29, 2024
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DEFENDING DISABILITY RESERVATIONS

source:www.livelaw.in

Relevance: GS 2 – Social Justice, GS 3 – Inclusive Development

Context

  • Recent Controversy: Puja Khedkar allegedly faked her disability and caste to obtain benefits, sparking a debate on reservations for persons with disabilities (PwDs).
  • Systemic Biases: The incident highlights the challenges and systemic biases PwDs face in accessing their entitled benefits.

Challenges Faced by PwDs

  • Structural Barriers:
    • Significant challenges in the education and employment sectors.
    • National Sample Survey (NSS) 2018: Only 23.8% of PwDs employed; national Labour Force Participation Rate was 50.2%.
    • Barriers include lack of accessible education, insufficient hiring practices, inadequate workplace accommodations.
  • Societal Attitudes:
    • Deep-rooted ableism and lack of awareness about PwDs’ challenges.
    • Public officials and individuals often question the necessity of reservations for PwDs, reflecting a lack of empathy.

Policy and Legal Framework

  • Reservations Policy:
    • Aim to provide equitable opportunities for PwDs.
    • Rights of Persons with Disabilities Act, 2016 mandates reservations in education and employment.
    • Affirmative actions address historical disadvantages faced by PwDs.
  • Certification System:
    • Flaws in India’s disability certification system often lead to misuse.
    • Need for stricter oversight and reform in the disability certification process.
    • Cases like Kartik Kansal’s highlight the system’s weaknesses.

Potential Misuse

  • Fraudulent Claims:
    • Puja Khedkar’s case highlights the issue of fraudulent claims.
    • Supreme Court in Vikash Kumar v. UPSC (2020): Fraudulent activities must be met with stringent punishment.
    • Fraudulent claims undermine genuine needs of PwDs and erode public trust.
  • Ensuring Fair Access:
    • Stricter verification processes and enhanced accountability mechanisms are necessary.
    • The system should support genuine needs and deter fraudulent activities.

Broader Implications

  • Inclusive Development:
    • Reservations for PwDs are essential for inclusive development and equal opportunities.
    • Fair access to reservations supports social justice and equity.
  • Policy Reforms:
    • Continuous policy reforms needed to address evolving challenges.
    • Update certification process and ensure genuine accessibility in education and employment.
    • Engage stakeholders, including PwDs and advocacy groups, for informed policy-making.
  • Global Best Practices:
    • Learn from global best practices in disability inclusion (e.g., United States, Australia).
  • Economic Impact:
    • Inclusive policies promote employment of PwDs, leading to positive economic impacts.
    • Studies: Inclusive workplaces are more innovative and productive. Accenture report: Companies championing disability inclusion achieve 28% higher revenue, double the net income.

Future Directions

  • Enhanced Monitoring:
    • Robust monitoring mechanisms to oversee disability certificates issuance and use.
    • Leverage technology (digital records, biometric verification) for accuracy and efficiency.
  • Awareness and Sensitization:
    • Awareness campaigns to educate public and officials about PwDs’ challenges and the importance of reservations.
    • Sensitization programs for employers and educators to promote better support for PwDs.
  • Legal Safeguards:
    • Strengthen legal safeguards to protect PwDs’ rights and ensure strict penalties for fraudulent claims.
    • Regular audits and evaluations of the certification process to identify gaps and areas for improvement.
  • Support Systems:
    • Establish robust support systems for PwDs (accessible infrastructure, vocational training, career counselling).
    • Collaborate with non-governmental organisations (NGOs) and civil society to amplify support efforts.

Conclusion:

Defending and enhancing the reservation system for PwDs is crucial for promoting social justice and inclusive development. Addressing structural barriers, reforming the certification process, and ensuring strict penalties for fraud can uphold the integrity of the reservation system and support the genuine needs of PwDs.

Mains Question:

Discuss the significance of the reservation system for persons with disabilities (PwDs) in promoting inclusive development in India. How can the challenges and misuse associated with the system be addressed? (250 words)