Reasonable Accommodation Principle

In Context

• The Karnataka High Court has ruled in favour of the State’s circular that students in educational institutions should only wear prescribed uniforms, and where no code was prescribed, they should wear “such attire that would accord with equality and integrity and would not disrupt public order”. 

About

• The decision effectively upheld the denial of entry to students wearing the hijab. The court rejected an argument in support of permitting Muslim girls to wear head-scarves that was based on the principle of ‘reasonable accommodation’.
• The Karnataka High Court decision effectively upheld the denial of entry to students wearing the hijab. 
• The court rejected an argument in support of permitting Muslim girls to wear head-scarves that was based on the principle of ‘reasonable accommodation’.

What is Reasonable Accommodation?

• ‘Reasonable accommodation’ is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.
• Its use is primarily in the disability rights sector.
• The provision plays a major role in addressing these barriers and thus contributes to greater workplace equality, diversity and inclusion.
• Article 2 of the UN Convention on the Rights of People with Disabilities (UNCRPD) defines:
  • A reasonable accommodation is “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”.

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What is the legal position on this in India?

• In India, the Rights of People with Disabilities Act, 2016, defines ‘reasonable accommodation’ as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to persons with disabilities the enjoyment or exercise of rights equally with others”.
  • The definition of ‘discrimination’ in Section 2(h) includes ‘denial of reasonable accommodation’.
• In Jeeja Ghosh and Another v. Union of India and Others (2016), the Supreme Court held 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.”
• In Vikash Kumar v. UPSC (2021 the court ruled that benchmark disability, that is a specified disability to the extent of 40%, is related only to special reservation 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.

Source: TH