May 19, 2022 * Press Release*
*Welcome Interim Order by Supreme Court* *Asks Govt to Relook Job Exemption Notification* The National Platform for the Rights of the Disabled (NPRD) welcomes the interim order issued by the Supreme Court today, which has directed the Government to relook into the issue of exemption in job reservation to persons with disabilities in the Indian Police Service, Indian Railways Protection Force Service, & Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service [DANIPS]. The order was passed by a bench comprising Justice A M Khanwilkar, Abhay S Oka, and Justice J B Pardiwala on a writ petition filed by the National Platform for the Rights of the Disabled (NPRD) challenging the August 2021 notification issued by the Department of Empowerment of Persons with Disabilities (DEPwD) that had exempted these services from the purview of reservations in jobs mandated by the Rights of Persons with Disabilities Act, 2016. The NPRD had contended that the blanket exemption given to these services from recruiting people with disabilities even in posts that are purely of a non-combatant nature, is unconstitutional and militates against both the letter and spirit of the RPD Act, which has equality and non-discrimination as its guiding principles. Appearing for the NPRD, Senior Advocate Arvind P Datar had contended that the Expert Committee constituted by the Government of India had only discussed the suitability of disabled persons who were Acid attacks survivors in these central police forces. He also contended that even within the Expert Committee there had been divergent views and some views were expressed in favour of the inclusion of disabled persons. He also cited various examples from police and armed forces from different countries that were employing persons with disabilities. Taking cognisance of the arguments and facts brought before it, the Bench in an interim order passed today directed that Expert Committee will relook the matter after considering all the submissions of the petitioner (NPRD), who has been permitted to submit a detailed note bringing to the Expert Committee’s consideration the totality of circumstances including precedents set by other countries. We express our sincere thanks to the Attorney General of India who fairly submitted and assured the court that the exemption policy will be reconsidered after taking into account the Petitioner’s suggestions. The NPRD expresses its sincere thanks to Senior Advocate Shri Arvind Datar as also Advocate Kotla Harshavardhan, Vishakha Gupta, Aishwarya Jain, and Rahul Unnikrishnan for providing the logistical and research support to Shri Datar, and Mr. Amit Agarwal, our Advocate on Record before the Hon’ble Supreme Court. *(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 -- Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. Search for old postings at: http://www.mail-archive.com/[email protected]/ --- You received this message because you are subscribed to the Google Groups "AccessIndia" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To view this discussion on the web visit https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CAGWwancxHc_9EzSJhzwBbDbvMVwkp6b8zU3rCnCjC4067Uh%3DLw%40mail.gmail.com.
