Take steps to provide reservation for Persons with Disabilities in statutory bodies: HC
Take steps to provide reservation for Persons with Disabilities in statutory bodies: HC
Chennai, The Madras High Court has directed the Union government and the Chief Commissioner for Persons with Disabilities to undertake appropriate steps to provide four per cent reservation for Persons with Disabilities in the elected boards of the statutory bodies such as Bar Council of India and National Medical Council.
A division bench comprising Justices G R Swaminathan and V Lakshminarayanan gave the directive in a recent order while disposing of a Public Interest Litigation filed by B Rameshbabu, who is afflicted with polio paralysis.
The petitioner sought a direction to the authorities to identify elected representatives to Statutory bodies under Central and State Acts of the disabled person, based upon the petitioner's representation dated March 10, 2025.
The bench said the petitioner's grievance was that persons with disabilities were not being represented in statutory bodies such as Bar Council of India, National Medical Council, Dental Council of India and Pharmacy Council of India.
Noticing that the Supreme Court of India by its order dated May 6, 2025 directed that women should find due representation in the Executive Committee of the Supreme Court Bar Association, the bench said while the SC in exercise of its power under Article 142 of the Constitution of India has issued such a direction, "the High Court though being a constitutional court cannot issue any writ of mandamus unless the petitioner shows the existence of any legal right."
"However, we can certainly nudge the respondents to take appropriate steps in that direction".
{{/usCountry}}"However, we can certainly nudge the respondents to take appropriate steps in that direction".
{{/usCountry}}The bench said the petitioner was justified in his contention that persons with disabilities were entitled to due representation in every walk of life. That was why, the Parliament enacted the Rights of Persons with Disabilities Act, 2016 providing four per cent reservation.
{{/usCountry}}The bench said the petitioner was justified in his contention that persons with disabilities were entitled to due representation in every walk of life. That was why, the Parliament enacted the Rights of Persons with Disabilities Act, 2016 providing four per cent reservation.
{{/usCountry}}Sections 32 and 34 of the said Act provides for reservation in higher education institutions and in positions. Section 33 mandates the Government to identify posts in the establishments which can be held by the respective category of persons with benchmark disabilities, the bench added.
{{/usCountry}}Sections 32 and 34 of the said Act provides for reservation in higher education institutions and in positions. Section 33 mandates the Government to identify posts in the establishments which can be held by the respective category of persons with benchmark disabilities, the bench added.
{{/usCountry}}The bench said it was only just and proper that apart from finding a place in educational institutions and in employment, persons with disabilities also find a place in the elected bodies.
{{/usCountry}}The bench said it was only just and proper that apart from finding a place in educational institutions and in employment, persons with disabilities also find a place in the elected bodies.
{{/usCountry}}Section 75 of the Act states that the Chief Commissioner for Persons with Disabilities shall promote awareness of the rights of persons with disabilities and the safeguards available for their protection.
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