SC flags hostile discrimination in employment against persons with disabilities

NEW DELHI: The Supreme Court flagged the hostile discrimination against persons with disabilities in employment in an important verdict today. It also questioned the Centre if measures were taken to provide 'upward movement' of meritorious candidates when they secure more than the cut-off in the unreserved category. This practice defeats the very purpose of the reservation and constitutes a glaring example of hostile discrimination. The principle of upward movement, available to candidates under social reservation categories, ensures that reserved seats go to those who 'truly' need them. The denial of this principle to persons with disabilities deprives lower-scoring candidates with disabilities of their rightful opportunities, said the top court. This development comes after the SC hearing a batch of Public Interest Litigations (PILs). In a first, a writ petition was filed in 1998 by the Justice Sunanda Bhandare Foundation, seekingimplementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Court had criticised the continued inaction and lethargy of governments in implementing the Act. Thesecond civil appeal filed by Reena Banerjee highlighted the pitiable and pathetic condition at Asha Kiran, a state-run care institution in New Delhi. A two-judge bench of the apex court, headed by Justice Vikram Nath and Justice Sandeep Mehta, delivered its verdict on the pleas seeking judicial intervention for addressing the systemic barriers faced by persons with disabilities and ensuring the enforcement of statutory safeguards. The apex court also directed a nationwide monitoring of all state-run care institutions housing persons with cognitive disabilities to be undertaken under the name and style of Project Ability Empowerment by eight National Law Universities (NLU). The apex court in its verdict stressed that the disability represents a fundamental aspect of human diversity, and that the legal system must recognise it as a lens that reveals the true nature of legal, social, and institutional frameworks. Directing the Centreto provide an interim fund of Rs. 25 lakhs to each NLU for this purpose, the top court said, a consolidated report with actionable recommendations is to be submitted to the Court within six months. It also asked the Centre toexplain over appropriate measures have been taken to provide the upward movement of meritorious candidates applying against the post/s reserved for persons with disabilities. Earlier in 2015, while expanding the scope of the case, the top court decided to hear the pleas in a detailed manner.