The Supreme Court Affirms Right Against Disability-Based Discrimination as Fundamental
Introduction
The Supreme Court of India has affirmed that the right against discrimination for persons with disabilities holds the stature which is similar to that of a fundamental right. This landmark decision came as the Court struck down a rule which was preventing blind or visually impaired individuals from joining the judicial service in Madhya Pradesh. This ruling not only aligns with the Rights of Persons with Disabilities Act, 2016, but it also further showcases a broader societal shift towards identifying the capabilities and contributions of persons who have such disabilities. This particular decision brings forward the Court’s commitment in also ensuring equal opportunities for all the members of the society, with regard to both their physical or mental disabilities.
Background
The ruling primarily originated from a suo motu petition which was initiated in January 2024 following a letter from a blind candidate’s mother, highlighting her son’s aspirations and dreams to join the Madhya Pradesh judicial service. The Court considered the Rights of Persons with Disabilities Act 2016 (RPwD Act), along with the international obligations, and global examples of successful visually disabled judges while giving this judgement.
Key Points
Justices JB Pardiwala and R Mahadevan highlighted that , disability-based discrimination cannot be tolerated. The Court stated, “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.”
This ruling specifically addresses the Rule 6A of the Madhya Pradesh Judicial Services (Recruitment and Conditions of Service) Rules, 1994, which was found to be discriminatory in nature. The Court highlighted the principle of reasonable accommodation, thereby stating that the accommodations must be provided to assess eligibility, preventing exclusion through such rigid barriers.
Justice Mahadevan also further noted the Constitution’s impartiality towards differently-abled citizens in providing equal opportunities in particular. The judgment advocates for an enabling and uplifting environment where Persons with Disabilities (PwDs) can lead dignified lives without having to face constant discrimination.
Recent Developments
The Court referenced a central government notification from January 4, 2021, identifying judicial posts as suitable for PwDs, including blind individuals. It also further reasoned that permitting visually impaired individuals to pursue law courses in itself qualifies them for all the related legal opportunities, both public or private. Furthermore, the Court’s instruction to complete the selection process for judicial officers within the limited time period of three months highlights the urgency of these matters. It showcases the quick way with which these reforms are being implemented in the country. This timeline also underscores the Court’s commitment to integration of visually impaired individuals into the judicial service, which thereby fosters a more diverse and inclusive legal system in the country.
Conclusion
The Supreme Court through this judgement, has directed the Madhya Pradesh High Court to proceed with the selection process for judicial officers, while incorporating the Court’s directions within three months of specified time period. This ruling in particular marks a significant step towards ensuring equal opportunities and also eliminating disability-based discrimination in the country’s judicial system.
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Written by POOJA PARAMESWARAN
