Are disabled individuals socially backward? – LexForti Authorized Information & Journal
Are disabled people socially backward? written by Surya Sunilkumar student at the Ramaiah Institute of Legal Studies
Aryan Raj v Chandigarh Administration & Ors. (2020)
In India, the rights of disabled people were established after the 2016 Law on the Rights of Persons with Disabilities came into force. Although there is a law regulating the rights of disabled people, there are cases where people belonging to disabled groups are discriminated against. Therefore, the ruling of the Supreme Court of 08/07/2020 was an important decision as the court ruled that people with disabilities are considered socially backward.
Facts of the case
A petition was filed against the Government College of Arts in Chandigarh by a special assistant named Aryan Raj. The petitioner applied for the painting and applied arts course at the college, but the respondents denied loosening the minimum score and declined the application. Respondents indicated that disabled people also have to meet the general qualification standard of 40% on the aptitude test, while SC / ST candidates receive a 35% relaxation.
The Supreme Court of India passed the decree after remarking:
• The complainants’ allegation was withheld that the categorization according to § 34 of the Law on the Rights of Persons with Disabilities of 2016 would not be applicable and that the aptitude test had to be passed and could not be exempted for the complainant. Therefore, SC agreed with HC on the bifurcation aspect.
• After referring to the Supreme Court’s ruling in the Anmol Bhandari case, the court found that people with disabilities are socially backward and therefore entitled to the same benefit as the planned caste and tribe.
• The ad published by the college stated that the minimum percentage the proposed caste or tribal candidate should achieve was 35%. Therefore, the same limit will apply to disabled students in the future.
The court ruled that the complainant can apply again for the current year with the documents required for the application and which are mentioned in the notification. It was stated that the proficiency test points for the disabled are 35%.
- This judgment has taken into account the difficulties disabled people face in meeting their needs. It gives disabled people the opportunity to pursue something in their life.
- It is seen as an attempt to undo the distinction between physical / mental disabilities and social disabilities. The experience of untouchability that marginalized groups have suffered for centuries is seen as the same as the social isolation of a disabled person.
This is an important decision as the Supreme Court ruled that people with disabilities are entitled to the same benefits that are given to candidates for the proposed caste / tribe. The court ruled that the provision above 35% will be the new concession for the disabled category. This relaxation will benefit the disabled in their training and employment.