Principle of Reasonable Accommodation

March 23, 2022

Syllabus: General Studies Paper 2

Context

Recently, the Karnataka High Court decided in favour of the state’s circular requiring students at educational institutions to only wear uniforms that were specified by the school. The ruling came in response to the hijab dispute.
Accordingly, the ruling effectively supported the restriction of access to students who were wearing the hijab.
When it came to Muslim females wearing head scarves, the court rejected an argument based on the concept of ‘reasonable accommodation’ in favour of the practise.

The ‘Reasonable Accommodation’ principle is defined as follows:

‘Reasonable accommodation’ is a principle that promotes equality, allows for the giving of positive rights, and prohibits discrimination on the basis of a disability, health condition, or personal belief.
Its primary application is in the field of disability rights.
It highlights the affirmative duty of the state and private parties to give additional help to people with disabilities in order to enable them to participate fully and effectively in society.
It is impossible for a disabled person to claim the constitutionally established fundamental rights to equality (Article 14), the six freedoms (Article 19), and the right to life (Article 21) without receiving the additional support that helps to make these rights real and meaningful for themselves.
Article 2 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) states that it is necessary and appropriate modification and adjustments that do not impose a disproportionate or undue burden on persons with disabilities in order to ensure that they can enjoy or exercise all human rights and fundamental freedoms on an equal basis with others (including voting).

In India, what is the legal status on this issue?

“Reasonable accommodation” is defined as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in any particular case, to ensure that persons with disabilities can enjoy or exercise rights on an equal basis with others” under the Rights of People with Disabilities Act, 2016.
The term “denial of reasonable accommodation” is included in the definition of “discrimination” in Section 2(h).
As a result of Jeeja Ghosh and Others v. Union of India and Others (2016), the Supreme Court of India determined that equality does not only mean preventing discrimination; it goes beyond that to include remedying discrimination against groups that are subjected to systematic discrimination in society.
This entails adopting the notions of positive rights, affirmative action and reasonable accommodation in tangible terms.”
According to the court’s decision in Vikash Kumar v. UPSC (2021), benchmark disability, which is a defined disability to the amount of 40%, is exclusively connected to special reservation for the handicapped in work and does not have to be a restriction for other types of accommodation.
It further stated that failure to make reasonable accommodations amounted to discriminatory treatment.

The Hindu link

Question- Write a short note on Principle of Reasonable Accommodation and its impact on religious freedom in India.