Partial implementation of the PwD act at AMU


Disables in India are extremely vulnerable section of society. They were and still treated as outcast. Post independence several marginalised sections got their share through constitutional provision of ‘positive discrimination’i.e. reservation. Seats for SCc/STs are reserved in legislative bodies, educational institutions, in executives and in other fields same is the case with OBCc. However things are not satisfactory still these legislations are marred with poor implementations.

Things for Persons with Disabilities (PwDs) are altogether different. For their rights, movement was started during 1970s in India. While in west it started after the end of Second World War by the soldiers who sacrificed their invaluable body parts which turned them into Handicape for their rest of the life. They succeeded and got social welfare schemes for the reason that they were heroes.

However here I am concerned with Indian scenario, after long four decades of movement disablesgot their meager share in Indian society in the form of PwD Act 1995. But under this political sphere which is source of power in present democratic administrative set-up kept outside. Provision of reservation was not made in legislative bodies, meaning herein that they are not competent enough to legislate for the societal cause.

But to utter dismay the Act is not properly implemented in letter and spirit for the purpose for which it was meant. In AMU it was only after ten odd years executive council deliberated to implement the act. Loss of ten years went uncompensated. But still things are problematic. Conveniently reservation is followed in admissions but very restrictedly in jobs which provides livelihood.

For face saving occasionally committees were constituted to identify seats for Disables but implemented problematically and conveniently. When case was put before the Commissioner for Disability, Baghwan Das road New Delhi concern authority was asked to calculate seats meant for PwDs since 1996. Further commissionerordered that by 15/07/2017 university must complete the back log seats properly and report the same.

But case is altogether different,seats for Multi Task Services (MTS) are hurriedly filled while teaching seats and other clerical seats are still vacant. In between Act is amended to increase reservation percentage 5% in admissions to various courses and 4% in employment. But many institutions including AMU failed to implement first legislated statute in letter and spirit. In recent temporary appointments (Contractual and Guest appointments) handicaps are summarily and deliberately kept at bay. In reply to RTI application explicitly replied that PwDs reservation is followed in General Selection Committee.

Hopefully administration will consider the concerns of vulnerable section not on mercy and sympathy basis but on “right based approach”to give meaning to the democracy of India.

Amir Hussain (Research Scholar, Department of Social Work AMU, Aligarh)


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