![]() Under the new law, support for those with benchmark disability was also limited to a few things, which refer to reservation in public employment and a few other provisions.Īfter going to the Central Administrative Tribunal and the Delhi High Court, Vikash Kumar ultimately went up to the Supreme Court. It gives a broad and open-ended definition of who a person with disability would be.īut there is also a more medical approach, articulated in section 2(r) of the Act, which refers to a person with benchmark disability - someone with not less than 40 per cent of a specified disability. ![]() This definition is from the social model of disability, and is not a medical model. ![]() This borrows language from the Convention on the Rights of Persons with Disabilities, a global human rights treaty. There is one broad definition of persons with disability, in section 2(s), which refers to a person with long-term physical, mental, intellectual, or sensory impairment, which in interaction with barriers hinders his full and effective participation in society equally with others. And in this legislation, there are two separate definitions of a person with disability. This is a new legislation enacted in India, which replaced an older 1995 law. This reference to benchmarks is from the Rights of Persons with Disabilities Act, 2016. But he was not allowed to have a scribe, because he initially wasn't able to get a disability certificate for his condition, nor he did not come under the definition of a person with 'benchmark' disability. He had writer's cramp, a disorder caused by cramps or spasms of some muscles of the hand and forearm, which interfere with fine motor tasks such as writing. Vikash Kumar needed a scribe for writing the UPSC (civil services) examination. ![]() With this judgment, the apex court has put inclusion front and center as the main goal of society's response to disability. The more your keywords, ads, and listings relate to each other and to your business, the more likely a user is to click on your ad or listing after searching on your keyword phrase.The recent judgment of the Supreme Court in Vikash Kumar v UPSC is a very important one, especially looking at issues of disability and equality, as well as the question of 'reasonable accommodation' to be made to include disabled persons fully in society.
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