Mr. Muralidharan

1.       When Mr. Ashok Khemka was Social Justice secretary in Haryana he 
refused exemption to the Home Ministry. His logic was that the persons with 
Disability can become police personnel and do jobs at the Police Stations. 

2.       Who has issued this exemption? 

Kanchan Pamnani 

 

From: accessindia@accessindia.org.in [mailto:accessindia@accessindia.org.in] On 
Behalf Of National Platform For The Rights of the Disabled
Sent: 19 August 2021 14:37
To: accessindia@accessindia.org.in; disability-studies-india
Subject: [AI] Withdraw Notification Granting Exemption from Employing Disabled

 




Press Statement

 

 

The Department of Empowerment of Persons with Disabilities has vide a Gazette 
Notification issued on August 18, 2021, exempted certain government 
establishments from the purview of Section 34 of the Rights of Persons with 
Disabilities Act, 2016. This section provides for four per cent reservation in 
employment in government establishments for persons with benchmark disabilities.

 

The Department has misutilised the proviso under the Section which grants such 
exemption: “Provided further that the appropriate Government, in consultation 
with the Chief Commissioner or the State Commissioner, as the case may be, 
having regard to the type of work carried out in any Government establishment, 
by notification and subject to such conditions, if any, as may be specified in 
such notifications exempt any Government establishment from the provisions of 
this section.”

 

The intent of this proviso however is not to grant a blanket exemption from 
employing disabled persons but to see that combatant roles or such duties are 
not assigned to them. And in any case, recruitment is only against identified 
posts.

 

Militating against the spirit and intent of the proviso, the notification 
issued on August 18, 2021 grants exemption to: “all categories of posts under 
the Indian Police Service; ii. all categories of posts under the Delhi, Andaman 
and Nicobar Islands, Lakshdweep, Daman and Diu and Dadra and Nagar Haveli 
Police Service; and iii. all categories of posts under the Indian Railway 
Protection Force Service.” This is unacceptable.

 

This is even more shocking given the fact that the Delhi Police had in October 
2019 advertised for “Head Constable (Ministerial) giving reservations for 
persons with disabilities.

 

Surprisingly, in another notification issued the same day, August 18,pertaining 
to Central Armed Police Forces, namely, Border Security Force, Central Reserve 
Police Force, Central Industrial Security Force, Indo-Tibetan Border Police, 
Sashastra Seema Bal and Assam Rifles, exemption is confined only to “all 
categories of posts of combatant personnel”.

 

Implicit in the second notification as also the earlier Delhi Police 
advertisement is the acknowledgement that persons with disabilities can be 
recruited and deputed in non-combatant roles.

 

The NPRD therefore demands the withdrawal of the first notification. Exemptions 
should be granted only in cases of “combatant roles” in keeping with the intent 
and spirit of the proviso under Section 34 of the RPD Act. It is regrettable 
that a department that is supposed to safeguard the rights of the disabled and 
empower them, is doing just the opposite.

 

 

(Muralidharan)

General Secretary

-- 

National Platform for the Rights of the Disabled (NPRD)

36, Pt. Ravishankar Shukla Lane

New Delhi 110 001

Tel. 11-23387674; 9868768543

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