Reasonable Accommodation [UPSC Notes]

The principle of reasonable accommodation is often heard in the news nowadays in relation to the Hijab row in Karnataka. In this article, you can understand what is ‘reasonable accommodation’ for the UPSC exam.

Principle of Reasonable Accommodation

‘Reasonable accommodation’ is a philosophy that promotes equality, allows positive rights to be granted, and prevents discrimination based on disability, health, or personal beliefs. Its primary application is in the field of disability rights.

International Definitions:

• The UN Convention on the Rights of Persons with Disabilities (UNCRPD) defines reasonable accommodation as “necessary and appropriate modification and adjustments that do not impose a disproportionate or undue burden, where needed in a particular case, to ensure that persons with disabilities enjoy or exercise all human rights and fundamental freedoms on an equal basis with others.”
• The International Labor Organization (ILO) defines it as “any reasonable adaptation or change to a job or workplace that allows a person living with HIV or AIDS to get access to, participate in, or advance in employment.”

Reasonable Accommodation – Working of the Principle

The general concept is that reasonable accommodations should be made unless doing so will create excessive hardship.

• Workers with disabilities, workers living with HIV and AIDS, pregnant workers and those with family responsibilities, and workers who practise a specific faith or belief are among those who may require workplace accommodations.
• Reasonable accommodations play a critical role in overcoming these barriers, resulting in increased workplace equity, diversity, and inclusion.
• Accommodations can be made in the form of a modified working environment, shortened or staggered working hours, enhanced supervisory support, and reduced work commitments.
• Changes in recruitment methods that are appropriate will also be a sort of accommodation.

Legal position of Reasonable Accommodation in India

• The Rights of People with Disabilities Act of 2016 in India defines reasonable accommodation as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure that persons with disabilities enjoy or exercise rights equally with others.”
• ‘Denial of reasonable accommodation’ is included in the definition of ‘discrimination’ in Section 2(h).
• “The competent Government shall take necessary actions to ensure reasonable accommodation for persons with disabilities,” reads sub-section (5) of Section 3, which deals with equality and non-discrimination.

Supreme Court Observations on Reasonable Accommodation:

• Jeeja Ghosh and Another v. Union of India and Others (2016):
  • In this case, the Supreme Court awarded a compensation of ₹10 lakh to a passenger with cerebral palsy who was evicted from a flight after boarding.
  • The court observed that “Equality not only implies preventing discrimination but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.
  • In concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation.”
• Vikash Kumar v. UPSC (2021):
  • In this case, the Supreme Court elaborated that benchmark disability, which is a specified disability to the extent of 40%, is related only to special reservations for the disabled in employment, but it need not be a restriction for other kinds of accommodation.
  • It also said failure to provide reasonable accommodation amounts to discrimination.

Critical Analysis of Vikash Kumar Judgment

The Supreme Court’s decision in Vikash Kumar v UPSC is crucial, particularly when it comes to concerns of disability, equality, and reasonable accommodations.

• Case:
  • In Vikash Kumar v. UPSC, the Supreme Court ruled that a person with dysgraphia or writer’s cramp is entitled to a scribe during the Civil Services Examination (CSE). It is a big step forward in recognising the rights of people with impairments.
• Court Observation:
  • The Court determined that equality included not just the prohibition of discrimination but also a wide range of positive rights, such as “reasonable accommodation.”
  • In this context, the state owes it to persons with disabilities to provide reasonable accommodations, such as the use of a scribe, compensatory time, and so on, in order to ensure substantive equality.

Read more important Supreme Court judgements in the linked article.

Karnataka Hijab Row and Principle of Reasonable Accommodation

The Karnataka High Court has upheld the State’s circular requiring students in educational institutions to wear only approved uniforms, or “such apparel as would accord with equity and integrity and would not disrupt public order” when no code was specified.

• The verdict effectively upheld the ban on hijab-wearing students entering the university.
• The court dismissed an argument based on the principle of ‘reasonable accommodation’ in favour of allowing Muslim girls to wear headscarves.
• This meant that the court was opposed to any revision or adjustment to the rule that would have allowed the students to keep their beliefs or practices while following the uniform norm.

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