• 9964432222
  • Mail Us
  • Appointment
  • Locate Us
  • Chat Now
  • Courses
  • Login
  • Register
Manifest IAS
JournalsOfIndia
Manifest Learning Academy
  • Home
  • SNIPPETSfor Prelims
  • ARTICLESfor Mains
  • BROWSEBY SOURCE
  • DOWNLOADS
No Result
View All Result
  • Home
  • SNIPPETSfor Prelims
  • ARTICLESfor Mains
  • BROWSEBY SOURCE
  • DOWNLOADS
No Result
View All Result
JournalsOfIndia
No Result
View All Result
Home Law & Policy

What is the Principle of ‘reasonable accommodation’?

March 22, 2022
in Law & Policy
Reading Time: 3 mins read
0
What is the Principle of ‘reasonable accommodation’?
1.1k
VIEWS
Share on WhatsAppShare on TelegramShare on Facebook
image_pdfMake PDF

In news– Recently, High Court of Karnataka in its verdict on wearing Hijab has rejected an argument in support of permitting Muslim girls wearing head-scarves that was based on the principle of ‘reasonable accommodation’. 

About reasonable accommodation-

  • It 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 general principle is that reasonable accommodation should be provided, unless some undue hardship is caused by such accommodation.
  • Article 2 of the UN Convention on the Rights of People with Disabilities (UNCRPD) defines reasonable accommodation as “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”.
  • The International Labour Organization (ILO), in its recommendation on HIV/AIDS and the world of work, defines it as “any modification or adjustment to a job or to the workplace that is reasonably practicable and enables a person living with HIV or AIDS to have access to, or participate or advance in, employment”.
  • In 2016, the ILO came out with a practical guide on promoting diversity and inclusion through workplace adjustments and four categories of workers were chosen for the guide: 
      • Workers with disabilities.
      • Workers living with HIV and AIDS.
      • Pregnant workers and those with family responsibilities, and
      • Workers who hold a particular religion or belief. 
    • A modified working environment, shortened or staggered working hours, additional support from supervisory staff and reduced work commitments are ways in which accommodation can be made. 
    • Suitable changes in recruitment processes, allowing scribes during written tests or sign language interpreters during interviews will also be a form of accommodation.
    • 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, while awarding a compensation of Rs.10 lakh to a passenger with cerebral palsy who was evicted from a flight after boarding, said: “Equality not only implies preventing discrimination …, but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.”
  • The Supreme Court elaborated on the concept in Vikash Kumar v. UPSC (2021). This was a case in which the court allowed the use of a scribe in the Union Public Service Commission examination for a candidate with dysgraphia, or writer’s cramp. 
  • 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.
  • In the recent Karnataka verdict on wearing the hijab, the High Court did not accept the argument based on a South African decision that reasonable accommodation can be made for allowing minor variations to the uniform to accommodate personal religious belief.  

Further reading: https://journalsofindia.com/un-convention-right-of-person-with-disabilityuncrpd/,

Hijab row: – JournalsOfIndia

image_pdfMake PDF
Source: the hindu
Tags: News PaperPrelims

Related Posts

India’s nuclear liability law

India’s nuclear liability law

April 29, 2023
Right to to Default Bail is a Fundamental Right

Right to to Default Bail is a Fundamental Right

April 29, 2023
Triple tests for Altruistic surrogacy

Triple tests for Altruistic surrogacy

April 29, 2023
National Medical Devices Policy- 2023

National Medical Devices Policy- 2023

April 28, 2023
SUPREME initiative

SUPREME initiative

April 28, 2023
The National Health Accounts Estimates report for India (2019-20)

The National Health Accounts Estimates report for India (2019-20)

April 27, 2023
50 years of Kesavananda Bharati case

50 years of Kesavananda Bharati case

April 24, 2023
Animal Birth Control(ABC) Rules, 2023

Animal Birth Control(ABC) Rules, 2023

April 22, 2023
Sangathan Se Samridhhi campaign of DAY-NRLM

Sangathan Se Samridhhi campaign of DAY-NRLM

April 20, 2023
UGC’s National Credit Framework

UGC’s National Credit Framework

April 14, 2023
Please login to join discussion
JournalsOfIndia

Our vision is to orient the readers to grasp the facts objectively and analyse critically. In the rush of reaching first to the readers, the websites miss the balanced opinion, which is the need of the hour. We aim to reach the readers with more crispness, preciseness and relevance. We bring the articles in UPSC way for the civil services aspirants and the Wisest Way for general readers.

Categories

  • Agriculture
  • Disaster Management
  • Economy
  • Environment
  • Ethics
  • Foreign Affairs
  • Geography
  • Governance
  • History
  • Law & Policy
  • Opinion
  • People in News
  • Places in News
  • Science & Tech
  • Security
  • Society
  • Sports
  • Uncategorized

Browse by Tag

AIR All India Radio BBC Business Line Business Standard dow Down to Earth DownToEarth DTE Economic Times ET FAO Financial Express GS-1 GS-2 GS-3 GS-4 Hindustan Times IE India & the world Indian express Indiatoday India today Kurukshetra Livelihoods portal LiveMint Mains News Newspaper News Paper PIB Prelims PRS India RSTV Science Reporter Survey The Hindu The India Express The Indian Express The Print the wire Times of India TOI TOPPERS Yojana

Newsletter

The most important UPSC news and events of the day.

Get Journals daily newsletter on your inbox.

© 2020 JournalsOfIndia - A free initiative by Manifest Team.

  • Login
  • Sign Up
  • Home
  • SNIPPETS
  • ARTICLES
  • BROWSE
  • DOWNLOADS
No Result
View All Result

© 2020 JournalsOfIndia - A free initiative by Manifest Team.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In