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Activists flay exemption to disability quota rule

General Studies – 2

Topics covered: Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.

 

Context:

  •       The Social Justice Ministry issued a notification saying that Section 34 of the Rights of Persons with Disabilities Act, 2016 , which provides for 4% reservation in jobs for PwD in government establishments, would not apply to all categories of posts of IPS, the Indian Railway Protection Force Service and the police forces of Delhi, Andaman and Nicobar Islands, Lakshadweep and Daman and Diu and Dadra and Nagar Haveli.
  •       At the same time, the Ministry issued another notification making a distinction between combat and non-combat roles in the security forces.
  •       The Ministry exempted all combat posts in the Border Security Force, the Central Reserve Police Force, the Central Industrial Security Force, the Indo-Tibetan Border Police, the Sashastra Seema Bal and the Assam Rifles from the non-discrimination and reservation provisions of the RPD Act.

Concerns:

  •       The provisions of the Act did not intend to give blanket exemptions from hiring PwD, but to make sure that combat roles are not assigned to them.
  •       There are many roles that PwD could fill within police forces and exempting all categories of roles is wrong, as per rights groups.

 

Rights of Persons with Disabilities Act, 2016

  •       It replaced the 1995 Act.
  •       It brought Indian law in line with the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
  •       Disability has been defined based on an evolving and dynamic concept.
  •       The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.
  •       Speech and Language Disability and Specific Learning Disability have been added for the first time.
  •       Acid Attack Victims have been included.
  •       In addition, the Government has been authorized to notify any other category of specified disability.
  •       The appropriate governments have been given the responsibility to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
  •       Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
  •       Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
  •       It provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.