Supreme Court Reaffirms Substantive Equality: A New Paradigm for PwD Promotions
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The Supreme Court has ruled that the state must move beyond formal equality to ensure meaningful representation for Persons with Disabilities (PwDs) in promotions. The judgment emphasizes addressing structural barriers and aligns with the socio-political philosophy of justice and social progress.
In a landmark ruling, the Supreme Court of India has reaffirmed the principle of 'substantive equality' for Persons with Disabilities (PwDs) in the sphere of public employment and promotions. The Court emphasized that the state’s constitutional obligation extends beyond mere 'formal equality'—which treats everyone identically regardless of their starting point—to a more robust framework that actively addresses structural and systemic barriers.
The judgment underscores that disability is often a result of the interaction between persons with impairments and the barriers (attitudinal and environmental) that hinder their full and effective participation in society. By advocating for substantive equality, the Court mandates that the state must ensure 'meaningful representation' for PwDs. This involves recognizing that PwDs may require reasonable accommodations and affirmative action to compete on an equal footing with their able-bodied counterparts, especially in higher-tier promotional posts.
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