Escolar Documentos
Profissional Documentos
Cultura Documentos
effect to the proclamation on the full participation and equality of the persons with disabilities in the Asian & Pacific Region and provides for their education, employment, creation of barrier free environment, social security, etc. The implementation of the Act requires a multi-sectoral collaborative approach by the appropriate governments, including various Central Ministries/Departments, States/Union Territories, local bodies. In particular, Sections 32,33,34,35,37,38,39,40,41,47 deal with equality in employment. Sec 32 -
The appropriate governments are to identify posts in government establishments, which can be reserved for disabled persons and review the list of posts at periodic intervals (not exceedingly three years). Sec 33 - At least 3 percent of vacancies in every government establishment are to be reserved for persons with disabilities. Out of which 1 per cent each shall be reserved for persons suffering from blindness or low vision and the other 2 percent for persons with hearing impairment and loco motor disability or cerebral palsy. But the central government may exempt any establishment from the above requirements if the nature of work in such establishments is such that disabled persons are unable to work in such establishments.
In Union of India vs National Federation for the Blind and Others, the SC clarified that 3% reservation was to be calculated as a percentage of cadre strength and not the no. of vacancies in the identified posts. In Secretary and Anr vs Ravi Prakash Gupta & Anr, the SC held that non-identification of posts could not be a reason for the government to evade its obligation to reserve 3 per cent of posts for persons with disabilities. In G.M. Northern Railway vs. Jagmohan Singh, the employee, an orthopaedically disabled person, was denied promotion on the ground that reservation in promotion is not allowed. The Central Administrative Tribunal ordered that he was entitled to promotion against a reserved post for the disabled. The case was later upheld in The Delhi HC. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996 The Rules indicate about evaluation and assessment of various disabilities and indicate the authorities, which are to give the Disability Certificate. The Rules also provide the procedure for holding Central Coordination Committee and Central Executive Committee meetings, procedure of notification of vacancies to Special Employment Exchanges, procedure to be followed by Chief Commissioner for Persons with Disabilities in handling the complaints of persons with disabilities, salary and allowances of Chief Commissioner for Persons with Disabilities and the manner in which annual report is to be submitted by him.
U.N. Convention on the Rights of Persons with Disabilities India although has ratified the convention, is yet to induct it into its municipal law. Recent judgments by the courts however show a progressive view with respect to reservation in
employment of disabled persons. The proposed amendments to the PWD Act also comply with the convention.
Persons with disabilities (physically handicapped persons) can avail reservation in posts and services under the Government of India. In case of direct recruitment to Group A, B, C & D posts, 3% of the vacancies shall be reserved for persons with disabilities of which 1% each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability. Three percent of the vacancies in case of promotion to Group D, and Group C posts in which the element of direct recruitment, if any, does not exceed 75%, shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability. Certain departments/establishments may be exempted (by notification) from such reservation provision, considering the type of work to be carried on by such department or establishment.
The reservations can be availed by a disabled person only if he suffers from not less that 40% of the relevant disability. This must be verified by a competent authority who then issues a disability certificate.
In the Private Sector, the position of law with respect to employment reservation for disabled persons is not very clear. Sec. 41 of the PWD Act remains merely advisory and Sec. 33 is not binding on private establishments.