Context:
The recent controversy surrounding a civil servant, who allegedly misrepresented her disability and caste to gain benefits, has sparked a debate about the reservations provided to persons with disabilities (PwDs). The issue gained momentum when a former CEO of NITI Aayog tweeted that reservations for PwDs should be reconsidered.
Relevance:
GS2-
- Issues Related to Disability
- Government Policies & Interventions
- Constitutional Bodies
- Role of Civil Services in a Democracy
GS4- Aptitude and Foundational Values for Civil Service
Mains Question:
PwDs face multiple barriers to their effective participation in society and the workforce. However, questions have been raised on the reservation provided to them recently. In this context, discuss the challenges faced by PwDs. Analyse the role that reservation can play in easing their difficulties. (15 Marks, 250 Words).
Deep-seated Ableism:
- PwDs encounter numerous barriers to effectively participating in society and the workforce. These include infrastructural challenges, an education system, and exam formats designed for able-bodied individuals.
- Reservation policies aim to create a level playing field by providing equitable opportunities for PwDs.
- The fact that a few individuals exploit these benefits should not overshadow the broader purpose and impact of such policies.
- Broad generalizations based on isolated incidents are unfair and counterproductive.
- Some officers have questioned whether PwDs holding positions within the civil services have the “physical fitness” to perform their duties. Such statements reflect the unconscious bias many people have against PwDs.
- PwDs continue to face challenges in both education and employment, yet these issues are rarely highlighted.
- The 76th round of the National Sample Survey in 2018 revealed that only 23.8% of PwDs were employed, while the national Labor Force Participation Rate was 50.2% that year.
- This disparity can be attributed to a lack of access to accessible education, stigma and biases during hiring, and insufficient reasonable accommodation in the workplace for PwDs.
- These structural problems are rarely highlighted by those who question the legitimacy of affirmative action for PwDs.
- For example, a candidate who has muscular dystrophy, has not been assigned a position despite passing the Union Public Service Commission (UPSC) civil service exam four times.
- Similarly, other candidate had to go to the Central Administrative Tribunal to secure her rightful posting, even though she ranked first in the civil service exams, due to her disability. These are the instances that should awaken the conscience of our intellectuals.
Potential Misuse:
- In a related matter, the Supreme Court examined the potential misuse of scribes in the Vikash Kumar v. UPSC (2021) case.
- There was concern that if persons with disabilities (PwDs) are allowed to choose their scribes and their disability percentage is below 40%, they might abuse this provision.
- The Court responded by saying: “If incidents arise where able-bodied candidates are found hiding chits in their dress code and using them to cheat during an exam, the appropriate response is to impose punitive measures on such students.
- The solution is not to switch to a different dress code that is so uncomfortable that it prevents many capable students from sitting for the entire exam duration and performing to the best of their ability.” This same principle should apply to reservations for PwDs.
Certification System:
- India’s disability certification system has notable flaws. The method of quantifying disabilities by percentage is outdated and not aligned with the United Nations Convention on the Rights of Persons with Disabilities.
- Assessment should be based on functional limitations rather than medical percentages.
- Moreover, the UPSC requires a separate and independent disability assessment, which disregards the government-recognized certification process that results in the issuance of a disability certificate and Unique Disability ID (UDID). This can cause contradictory outcomes between the two sets of assessments.
- Another issue is the shortage of specialists to evaluate various disabilities, making the certification process inaccessible and time-consuming.
- The state’s complex assessment guidelines are often impractical for district hospitals, which lack adequate infrastructure and resources.
- This leaves the evaluation of disability and its extent open to interpretation.
- Psychosocial disabilities, which require more subjective assessment, are evaluated using the outdated IDEAS (Indian Disability Evaluation and Assessment Scale).
- In many cases, these tests are not even conducted. Individuals with invisible, hidden, or less apparent disabilities, such as blood disorders, often face rejection because they “do not look disabled.”
Conclusion:
The focus should be on addressing these systemic issues. Civil servants’ recent alleged fraudulent activities should be met with strict punishment. This is the solution, not an unjustified review of the reservation system that provides essential support to a marginalized group.
