Unequal Representation of Persons with Disabling Mental Health Conditions in the Quota-Based Employment Reservations Notified by a Public Service Commission.

Abstract

The Rights of Persons with Disabilities (RPwD) Act 2016 of India intends to achieve greater representation of persons with benchmark disabilities (PwBD) at government establishments and reserve at least 4% of employment vacancies for PwBD. Of this 4%, 1% is reserved for PwBD with disabling mental health conditions (PwBD-MHC) and multiple disabilities, and 1% each for PwBD due to other disabling conditions like blindness, hearing, and locomotor impairment. We analyzed all the employment vacancy announcements (EVAs) made by the Indian union public service commission (UPSC) during the calendar year 2020 for their adherence to quota-based employment reservations (QBER). Eighteen vacancy advertisements made during the year 2020, for a total of 1370 posts under various departments, announced a total of 57 posts as reserved for PwBD under the QBER system, satisfying the minimum 4% quota. However, none of these posts is reserved for PwBD-MHC. Further, only 7 out of 1370 were described as suitable for PwBD-MHC, implying that 1363 are not suitable for them. The QBER system and the subdivision of quotas are well-intended to achieve the minimum representation of PwBD across all categories of jobs. However, the EVAs by UPSC in the year 2020 did not reserve any posts for PwBD-MHC and perhaps inadvertently excluded them from consideration for the majority of posts announced even under the unreserved category.