Why in News? 

The Supreme Court ruled that visually impaired candidates can appear for judicial service exams, affirming that the Right against disability-based discrimination under the RPwD Act, 2016 is a fundamental right. 

Key Highlights of the SC Ruling 

• Struck Down Discriminatory Rules: Rule 6A of MP Judicial Service Rules (1994) was invalidated as it barred visually impaired candidates despite their qualifications. 
• Right to Equality: Exclusion of PwDs violates Article 14 (Equality) & Article 15 (Non-discrimination). 
• Affirmative Action: The Court emphasized a rights-based approach over charity-based treatment. 
• Reasonable Accommodations: 
  • Relaxations in eligibility (similar to SC/ST candidates) if sufficient PwD candidates are unavailable. 
  • A separate cut-off for visually impaired candidates (as per Indra Sawhney judgment). 
  • Alignment with UNCRPD & RPwD Act, 2016. 

Status of PwDs in India 

• Population: 2.21% (2.68 crore) as per Census 2011. 
• Recognized Disabilities: 21 types under RPwD Act, 2016, including Visual & Hearing Impairment, Cerebral Palsy, and Dwarfism. 

Legal & Constitutional Provisions 

• Fundamental Rights: Articles 14, 19, 21. 
• DPSP: Article 41 (State’s duty for PwD welfare). 
• Local Governance: 
  • 11th Schedule (Social Welfare, Entry 26 of Article 243-G). 
  • 12th Schedule (Protection of weaker sections, Entry 9 of Article 243-W). 

Laws Protecting PwD Rights 

• RPwD Act, 2016: Ensures equal opportunities & rights protection. 
• National Trust Act, 1999: Supports PwDs with Autism, Cerebral Palsy, and Multiple Disabilities. 
• Mental Health Care Act, 2017: Safeguards mental health rights & dignity.