Reservation for Physically Handicapped Persons

Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995 stipulates "Disability" means- 

(i) Blindness; 

(ii) Low vision; 

(iii) Leprosy-cured; 

(iv) Hearing impairment; 

(v) Loco motor disability; 

(vi) Mental retardation; 

(vii) Mental illness; 

As per Section 2 (t) of the PwD Act, persons with disability means a person suffering from not less than forty percent (40 percent) of any disability as certified by a medical authority. 

As per Section 33 of the PwD Act, 1995, every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from- 

(i) Blindness or low vision; 

(ii) Hearing impairment; 

(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability: 

Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. 

As per Section 39 of the PwD Act, 1995, all Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seat for persons with disabilities. 

Government has issued instructions that such persons should be provided reservation in all Groups of identified posts in the matter of direct recruitment and in Group ‘C’ and ‘D’ posts identified in the matter of promotion. Vide O.M. dated 26th December, 2012, Government has issued instructions to ensure that Persons with Disabilities (PwDs) get a fair opportunity in consideration for appointment to an identified post 

The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the PwDs. 

This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Lok Sabha today. 

Source : PIB Release, 7 May, 2013