Consider the conundrum created by the National Medical Commission: A person with a disability can only avail of the benefits of reservation if they meet a benchmark of disabled more than 40 per cent. Yet a person with such a disability is ineligible to pursue medical education in India. A young medical aspirant had to approach the highest court of the country in order for the absurdity of the NMC’s norms to be highlighted. The Supreme Court not only enabled the youngster to gain admission to an MBBS course but also ruled that the existence of a benchmark disability alone cannot disqualify a student from educational opportunities. The Rights of Persons with Disabilities (RPwD) Act was enacted, as the court pointed out, to grant disabled persons full participation and inclusion in society, equal opportunity and respect, and freedom to make their own choices.
However, the state and its bureaucracy more often than not design policy that effectively excludes rather than includes persons with disabilities, who are among the most marginalised in the country; this is hardly the first time a disabled candidate has been forced to go to the courts during medical admissions. Preventing misuse of a benefit is seen as more important than ensuring that every person who requires the benefit is able to access it. The effect is the Schrodinger’s quota called out by the apex court. On similar lines are the Union government’s recent amendments to RPwD rules, in the wake of the Puja Khedkar affair, which while claiming to streamline the process of getting a disability certificate are only expected to make it more onerous. The intent is to prevent misuse, yet it does not consider that systemic corruption led to Khedkar’s alleged misdeeds, not the lax rules. The SC pointed out that the approach of the government, and even the private sector, should be as to “how best to accommodate and grant the opportunity to the candidates with disability” rather than “how best to disqualify the candidates”.
It is long past due for the government to understand the spirit of inclusion and dignity permeating the RPwD and ensure that this spirit becomes the cornerstone of policy, especially in matters of public transport, education and healthcare, so that disabled persons may be able to live freely and fully, exploring and realising their true potential, rather than being boxed in by short-sighted, unempathetic bureaucracy.