Context:

In a landmark judgment, the Supreme Court of India has recently ruled that visually-impaired and low-vision candidates can no longer be excluded from judicial services. This decision marks a significant milestone in the pursuit of equality and inclusivity for persons with disabilities (PwDs) in India.

About the issue:

• The issue reached the Supreme Court through a challenge to the legality of Rule 6A of the Madhya Pradesh Judicial Service Examination Rules 1994.
• This rule excluded visually-impaired and low-vision candidates from appointment to the judicial service. The court took cognizance of the matter in March last year, following a letter petition from the mother of a visually-impaired judicial aspirant, Alok Singh.

About the decision:

• The Supreme Court struck down Rule 6A, declaring that visually-impaired candidates are eligible to participate in the selection process for judicial services.
• The court emphasized that the principle of reasonable accommodation, as enshrined in the Rights of Persons with Disabilities Act, 2016, mandates that accommodations should be provided to PwDs as a prerequisite to assessing their eligibility.
• The court also partially struck down Rule 7 of the MP Judicial Service Exam Rules, which prescribed additional requirements for candidates with disabilities.

About The Rights of Persons with Disabilities (RPwD) Act, 2016: 

• The Rights of Persons with Disabilities (RPwD) Act, 2016, is a landmark legislation that aims to promote the rights and well-being of persons with disabilities (PwDs) in India.
• Enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) of 2007, this Act is a significant step towards creating an inclusive and equitable society for PwDs.

Key Provisions of the Act

1.   Definition of PwD: The Act defines a PwD as a person with a long-term physical, mental, intellectual, or sensory impairment that hinders their full and effective participation in society.

2.   Disabilities Recognized: The Act recognizes 21 types of disabilities, including acid attack victims, intellectual disability, mental illness, and others.

3.   Rights of PwDs: The Act enumerates the rights of PwDs, including the right to equality, life with dignity and respect, protection from abuse and exploitation, and the right to home and family, reproductive rights, accessibility in voting, and the right to own or inherit property.

4.   Persons with Benchmark Disabilities: The Act defines persons with benchmark disabilities as those with at least 40% of a specified disability, as certified by the relevant authority.

5.   Guardianship: The Act provides for the appointment of a limited guardian for PwDs who cannot make legally binding decisions, even with support.

Conclusion:

The Supreme Court's decision marks a significant step towards creating a more inclusive and equitable society for persons with disabilities. As the court stated, "Now, it is high time that we view the right against disability-based discrimination, as recognised in the RPwD Act 2016, of the same stature as a fundamental right, thereby ensuring that no candidate is denied consideration solely on account of their disability."