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'Have An Element Of Sensitivity': Supreme Court To Centre On Plea By Disabled Persons Challenging Exclusion From IPS, IRPFS, DANIPS Services
Rintu Mariam Biju
6 Sep 2022 12:47 PM GMT
The Supreme Court of India on Tuesday suggested the Union Government to be sensitive while dealing with the applications filed by physically disabled persons who had cleared civil services exams to apply for Indian Police Service, Indian Railways Protection Force Service and Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service. The court...
The Supreme Court of India on Tuesday suggested the Union Government to be sensitive while dealing with the applications filed by physically disabled persons who had cleared civil services exams to apply for Indian Police Service, Indian Railways Protection Force Service and Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service.
The court was hearing a petition filed by NGO National Platform For The Rights Of The Disabled challenging the blanket exclusion of disabled people from IPS, IRPFS and DANIPS.
On March 25, by way of an interim order, the Court had allowed physically disabled persons have cleared the Civil Services exams to apply provisionally to the aforesaid exams.
A division bench of justices, Indira Banerjee and MM Sundresh orally observed,
"You [Centre] need to have an element of sensitivity. That's what they're (the petitioners) saying. Just transfer them (specially-abled persons) to a post where they can do their duties."
This Bench's observation came after Senior Advocate Aravind Datar made few pertinent submissions today on behalf of the petitioner.
He made is clear that requesting for reasonable accommodation from the Centre on behalf of the physically disabled persons, "I can't say that the person should fight at the border. But the Union Government is now saying that no post is available for physically disabled persons."
This was mentioned by the Union government by way of an affidavit.
At this point, the Justice Banerjee pointed out initially there would be a training for all the officers and secondly, posts are transferable. So, it will be very difficult for the physically disabled persons to manage, she said. Adding to this view, Justice Sundresh said that "frustration will kick in if you're only giving them a particular post all the time."
Drawing from his personal experience, he narrated an incident wherein a specially-abled lady judicial officer was quite unhappy as she was given the same post all the time.
"In principle, what you're saying is right", the judge commented, on Datar's argument.
Datar gave the example of Tamil Nadu, where there are 85 posts in IPS which required no physical combat. He also apprised the Bench that persons with disabilities are accommodated in the Israeli army.
"If the Israeli army can involve people with disabilities, there's no excuse for us….In Israeli army, people with physical disabilities are posted in the cyber department."
But Justice Banerjee said that separate training is not given to different departments in India. "You don't have training for separate departments in the country. All IPS officers are given initial training in Dehradun."
Datar, unable to accept Centre's stand, said that there no point in saying that disabled persons are not allowed. "There's no point saying that it's not possible. We have to make it possible."
Initially, even women were not allowed and now that's changed, Justice Banerjee added.
Further he submitted that the specially-abled persons were not able to select IPS as one of their top three options.
"I haven't written this exam but I am told that you have to select the first, second and third option. For CRPF, it's possible. Only IPS is a problem. Delhi, Kerala Police are all accommodating. My friend (from SG's office) may consider to keep IPS as a choice for them."
Justice Banerjee then posed a query.
"A person may be hard of hearing but be a good athlete. What about them? Such persons can be accommodated."
The advocate appearing for the Union submitted that he didn't want to argue the matter on merits as the Solicitor General would be making the same. He however clarified that all apprehensions made by the senior counsel were considered by committee.
He also pressed to have the submission of applications in the virtual mode as well.
The matter will be next heard September 12, Monday.
Case Title: National Platform for the Rights of the Disabled versus Union of India| WP(c) 1343/2021
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