The Delhi High Court on Monday notified the formulation of an ‘Equal Opportunity Policy for Persons with Disabilities’ in compliance with the mandate provided under the Rights of Persons with Disabilities Act, 2016.
Section 21 of the Act mandates that every establishment “shall notify an equal opportunity policy detailing the measures proposed by it” for skill development and employment of persons with disabilities (PWDs). The Act came into effect on April 19, 2017, meaning the Delhi High Court notified the policy more than seven years after the Act came into force.
The policy includes job security and organizing “job-specific post-employment training” programs for PWDs, as well as ensuring training programs when “any new technology” is introduced.
According to the policy, the Delhi High School should “prepare a list of identified posts in all groups – for PWDs in terms of the work they can easily do” and the posts should be identified for PWDs. A period of two months from the date of issue of the policy (December 16).
The policy covers PWDs as defined under the Rights of Persons with Disabilities (RPWD) Act, 2016, including contractual employees, employees who acquire disability during their tenure and will “apply to all aspects of employment, be it recruitment, training, working conditions, pay.” , transfers, employee benefits and career advancement.
“Establishment of Delhi High Court will encourage differently abled candidates to apply… All vacancy advertisements will include a short statement appropriate to Equal Opportunities for Persons with Disabilities… Application forms will be made available in alternative accessible formats… There will be an inclusive evaluation process. PWD to Any information shared by an employee about a disability/medical condition will be kept confidential,” the policy states.
“If an employee acquires disability during his employment, he/she can return to work in the same rank and under the same service conditions. If the employee is unable to perform the current job, the organization will invest in re-skilling the employee for another position / job in the same position and if this is not possible, the employee will be assigned to a supernumerary position until a suitable position is available. is available or he attains the age of superannuation, whichever is earlier,” it adds.
The policy further states that “as far as possible, PWDs shall be exempted from the rotational transfer policy/transfer and allowed to continue in the same job, where · they have achieved optimum performance,” and subject to availability, the Delhi HC said “PWDs shall be placed near their place of posting. Accessible accommodation should be provided and they shall be given priority in allotment of ground floor accommodation”.
PWDs working in Delhi HC can also seek reimbursement for ancillary aids and equipment from the department drawing their salary under the policy. The policy also states that any new facility constructed or renovated in the Delhi HC “shall be assessed for compliance with accessibility norms at various stages of building construction”.
The policy highlights that Delhi High Court buildings already comply with the RPWD Act. These include features such as ramps, grab bars, wide doors for accessibility, elevators, tactile pathways, and provisions for wheelchair access.
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