CHENNAI: The Madras High Court has directed the union government to take steps to provide reservation for persons with disabilities in statutory bodies like the Bar Council of India and the Medical Council of India, on the lines of the 4% quota in education and employment.
The court pointed out that the Rights of Persons with Disabilities Act, 2016, provides for 4% reservation in higher education and employment under Sections 32 and 34. Section 33 mandates the government to identify posts suitable for persons with benchmark disabilities, while Section 75 tasks the chief commissioner for persons with disabilities with spreading awareness and ensuring safeguards for the community.
A division bench of Justices GR Swaminathan and V Lakshminarayanan, in a recent order, said that while it cannot issue a writ of mandamus unless the petitioner shows the existence of any legal right, it can certainly nudge the authorities to take appropriate steps.
The order was passed on a petition filed by B Rameshbabu, an advocate with polio paralysis, seeking directions to the Union Ministry of Social Justice and Empowerment and the chief commissioner for persons with disabilities to provide 4% reservation in the elected posts of the statutory bodies like Bar Council of India, Medical Council of India and Dental Council of India.
“Now that we have brought it to the notice of the respondents the lack of representation of PwDs in elected boards of statutory bodies, we direct them to undertake appropriate steps in this regard,” the court said.