Delhi High Court Calls for Legislative Intervention on Reservation for Persons with Disabilities
Court Refers Matter to Law Commission for Recommendations on Amendments to RPwD Act, 2016
News Report:
In a landmark judgment, the Delhi High Court has highlighted the need for legislative intervention regarding the reservation of seats for persons with disabilities in higher educational institutions. The court declined to issue directions to carry forward unfilled seats reserved for persons with benchmark disabilities to the next academic year or divert them to persons with disabilities without benchmark disability, citing the absence of statutory provisions in the Rights of Persons with Disabilities Act, 2016 (RPwD Act). The matter has been referred to the Law Commission of India for a comprehensive study and recommendations.
The judgment arose from a petition filed by Ms. Jahanvi Nagpal, seeking allocation of a seat under the Persons with Disabilities (PwD) category in the NEET-UG 2022 cycle. The petitioner also sought a fresh medical examination to assess her disability and challenged certain provisions of Section 32(1) of the RPwD Act as unconstitutional.
The court, presided over by Mr. Devendra Kumar Upadhyaya, C.J. and Mr. Tushar Rao Gedela, J., noted that the RPwD Act lacks provisions for carrying forward unfilled seats or diverting them to persons with disabilities. It emphasized the need for legislative intervention to empower persons with disabilities and fulfill the objectives of the Act. The court referred the matter to the Law Commission for recommendations on appropriate amendments to the RPwD Act.
The judgment underscored the importance of substantive equality and reasonable accommodation as principles to empower persons with disabilities. It reiterated that the golden triangle of Articles 14, 19, and 21 of the Constitution applies with full force to persons with disabilities.
The judgment also discussed the distinction between persons with benchmark disabilities and persons with disabilities, highlighting the absence of specific provisions in Section 32 for carrying forward or diverting seats. The court observed that aligning legislative provisions with the broader objectives of the RPwD Act is essential.
The court's decision is a significant step towards addressing the gaps in the RPwD Act and ensuring that persons with disabilities receive the benefits of reservation in higher educational institutions. The referral to the Law Commission is expected to pave the way for legislative changes that promote inclusivity and empowerment for persons with disabilities.
Bottom Line:
Court declined to issue directions for carrying forward unfilled seats reserved for persons with benchmark disabilities to the next academic year or diverting them to persons with disabilities without benchmark disability, citing absence of statutory provisions. Matter referred to the Law Commission of India for study and recommendations.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Sections 2(r), 2(s), 32, 34; Constitution of India Articles 14, 19, 21
Ms. Jahanvi Nagpal v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2779427
