Context: Recently, the Delhi High Court has issued notice to Union Public Service Commission (UPSC) on a plea challenging this year’s preliminary examination notice for direct recruitment to civil services on the ground that it neglects the minimum reservation to be provided to disabled persons.
Issue

• The plea is on the ground that it neglects the minimum reservation to be provided to disabled persons.
• The petition is filed by Sambhavana, a registered society of the disabled for the disabled.
• It claims that the Union Public Service Commission’s notice reserves only 24 vacancies for persons with disabilities out of a total 796 expected approximate vacancies.
• The plea submitted that four per cent of 796 vacancies work out to is 32.
• The number of vacancies were below the 4 % mandatory reservation under section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016.
• The matter will be heard next on August 31.

Concept of 4% mandatory reservation under section 34 of Rights of Persons with Disabilities (RPwD) Act, 2016:

• Section 34(1) mandates a minimum 4% reservation for the benchmark disabled of the total number of vacancies in the cadre strength in each group of posts meant to be filled with such disabled.
• It mandates equal distribution of one (20% each) among the disabled classes of the blind, deaf, locomotor plus the combined class of autism, etc. with those having multiple disabilities.

Salient features of Right of Persons with Disabilities Act 2016
Addition in types of disability

• Disability has been defined based on an evolving and dynamic concept.
• The types of disabilities have been increased from existing 7 to 21.
• The Central Government will have the power to add more types of disabilities.
• Education: Every child with benchmark disability will get free education from 6 to 18 years of the age. 
• Reservation: Reservation to the differently abled person in the education and government jobs has been increased from 3% to 4%.
• Infrastructure: An important distinguishing feature of the 2016 Act is that it provides for time limits within which existing infrastructure and premises should be made disabled friendly.
• The obligations laid down in the Act are mandatory for both government and private establishments.
• Fund: Creation of National and State Fund will be created to provide financial support to the persons with disabilities.
• The existing National Fund for Persons with Disabilities and the Trust Fund for Empowerment of Persons with Disabilities will be subsumed with the National Fund.
• Grant of guardianship: The Bill provides for grant of guardianship by District Court, under which there will be joint decision, making between the guardian and the persons with disabilities.
• Strict enforcement: Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
• Persons with benchmark disabilities: Additional benefits such as reservation in higher education, government jobs, reservation in allocation of land, poverty alleviation schemes etc. have been provided for persons with benchmark disabilities and those with high support needs.
• The 21 disabilities are Blindness, Low-vision, Leprosy Cured persons, Hearing Impairment (deaf and hard of hearing), Locomotor Disability, Dwarfism, Intellectual Disability, Mental Illness, Autism Spectrum Disorder, Cerebral Palsy, Muscular Dystrophy, Chronic Neurological conditions, Specific Learning Disabilities, Multiple Sclerosis, Speech and Language disability, Thalassemia, Hemophilia, Sickle Cell disease, Multiple Disabilities including deaf blindness, Acid Attack victim, Parkinson’s disease.

Additional Information

• As per Census 2011, in India, out of the total population of 121 crore, about 2.68 Cr persons are ‘Disabled’ (2.21% of the total population)
• Out of 2.68 crore, 1.5 crore are males and 1.18 crore are females
• Majority (69%) of the disabled population resided in rural areas

Constitutional Frameworks for Disabled in India

• Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
• The subject of ‘relief of the disabled and unemployable’ is specified in state list of the Seventh Schedule of the constitution.