September 13, 2014


*Press Statement*





The National Platform for the Rights of the Disabled (NPRD) welcomes the
judgment of the Supreme Court setting at rest all hitherto
misinterpretations of the three per cent reservation provided to persons
with disabilities as per the Persons with Disabilities Act, 1995. The Court
has ruled that the three per cent reservation applies not just to
recruitment to all categories, but to departmental promotions as well.



The apex court while holding that the Centre, states and Union Territories
were obligated to implement the provision of reservation for persons with
disabilities, reiterated that the principle of not exceeding 50 per cent
reservation would not be applicable while granting quota for persons with
disabilities. The Court had in October 2013 ruled that the policy of
reservations for persons with disabilities was not just against
“identified” posts (as was being wrongly interpreted by the government) and
had asked it to compute the number of such vacancies in all government
departments to give jobs to disabled persons under the three per cent
reserved quota within three months. Unfortunately, this order is yet to be
implemented.



It also needs to be reiterated that Section 32 of the Persons with
Disabilities Act, 1995 also mandates that governments “at periodical
intervals not exceeding three years, review the list of posts identified
and update the list taking into consideration the developments in
technology”. That the last time this exercise was undertaken was in 2007,
displays the utter callous and insensitive attitude of the government.



Unemployment among the disabled is as high as 66 per cent. Even the
existing inadequate opportunities in the government sector are shrinking
consequent to policies of outsourcing, contractualisation, casualisation
etc.



The NPRD demands that the government implement the Supreme Court directives
with regard to computing the number of vacancies; launch special
recruitment drives to fill up such vacancies; update the list of identified
posts immediately; and also provide reservations in promotions to employees
with disabilities.









*(Muralidharan)*

*Secretary*


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