NEW ERA FOR DISABILITY RIGHTS IN INDIA

OUR Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law."

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This prophetic dissenting opinion of Justice John Marshall Harlan in plessy versus Ferguson (1896) in the US captures the spirit of the landmark verdict of the Supreme Court of India for disability rights on March 3. The court quashed a rule of the Madhya Pradesh judicial services that disallowed visually impaired and lowvision candidates from seeking appointment to judicial services. "It is high time that we view the right against disabilitybased discrimination, as recognised in the RPWD Act (Right of Persons with Disabilities Act), 2016, in the same stature as a fundamental right, thereby ensuring that no candidate is denied consideration solely on account of their disability," the Supreme Court said.

Background and appeals

A two-judge bench of justices R Mahadevan and JB Pardiwala pronounced the judgment on a batch of petitions dealing with certain provisions of the Madhya Pradesh Judicial Service Examination (Recruitment and Conditions of Service) Rules, 1994, and seeking amendments to the Rajasthan Judicial Service Rules, 2010, to bring them in accordance with the RPWD Act.

The case was filed by both visually impaired and disabled candidates who were denied job opportunities in the judicial services due to discriminatory provisions in the Madhya Pradesh and Rajasthan judicial services rules. The petitioners argued that these provisions violated their fundamental rights, including their rights to equality and dignity.