The controversy ignited by IAS trainee Puja Khedkar has raised questions about the reservation of Persons with Disabilities (PwDs) in the civil services. The discussions have involved high-level policymakers not only debating 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 sensitise authorities on these issues.
The Constitution guarantees equality of opportunity in all spheres of employment for any office under the State through Article 16. The Rights of Persons with Disabilities Act, 2016 (RPwD) has modelled Section 21 after this provision, stipulating that every establishment must notify an equal opportunity policy. This policy encompasses the need for reasonable accommodation and a barrier-free environment at workplaces, as highlighted in Section 20 of the RPwD.
The requirement for an equal opportunity policy stems from the principles of diversity and inclusion, which advocate for the integration of PwDs into the workforce. In this context, the 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 recognise that disability must be understood through the multiple intersections experienced by PwDs. While disability is a central aspect for many, PwDs often face additional marginalisation due to other aspects of 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 recognise the diverse needs and contributions of PwDs within the broader framework of societal progress.
As PwDs continue to overcome physical, institutional, and attitudinal obstacles in their daily lives, policymakers must seek ways to facilitate their integration into the workforce. Exclusionary remarks from policy-making circles reflect societal biases against PwDs and contribute to their perpetuation. Training and sensitisation of officers and ministers are crucial, not only to understand the legal framework but also to foster diversity in disability.
In an article, I argued that the diversity within disability itself is not adequately recognised. Disability encompasses a range of conditions, including physical, mental, chronic, and invisible disabilities, each with its own strengths and uniqueness. Adopting a ‘one size fits all’ approach is not only detrimental but deeply troubling in the discourse on advancing disability rights. The Supreme Court has repeatedly supported the acknowledgement of differences and the acceptance of PwDs as part of diversity, thus advocating for their dignity and empowerment.
The debate on reservations for PwDs in civil services has seen both the general public and senior officers focusing on disability from a narrow medical perspective. This myopic view prioritises a person’s physical impairments over societal barriers. While this perspective has prevailed for years, it has predominantly served to further ostracise PwDs and promote welfare laws that treat them as recipients of charity rather than as equal participants in society. A shift in this viewpoint is critical for developing progressive policies and laws to address the issues faced by PwDs.
A human rights approach, coupled with a social perspective that honours the dignity, diversity, and individuality of PwDs and promotes a barrier-free society, is essential for advancing discussions on disability rights.
Similar to everyone else, 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. In this context, making presumptions and reaching conclusions—especially from individuals who have the potential to drive positive change—can significantly disrupt the lives and aspirations of millions within the disability community. The ensuing dialogue has shifted from addressing the issues afflicting PwDs to penalising an entire community for the actions of a few.
There is a pressing need to educate and sensitise officers in positions of authority about the current laws and policy framework. This will enable them to express empathy and actively promote diversity and inclusion for Persons with Disabilities.
The author is a lawyer and a person with disability (PwD) based in Gurgaon. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18’s views.
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