Quiz 13 — NCPCR, Juvenile Justice & RPwD Acts

Statements 1, 3 and 4 are correct. Section 33(iii): the appropriate Government shall "undertake periodic review of the identified posts at an interval not exceeding three years", the posts being identified through an expert committee with representation of persons with benchmark disabilities (s.33(ii)). Section 35: incentives to private-sector employers "to ensure that at least five per cent. of their work force is composed of persons with benchmark disability", within the limit of the Government's economic capacity and development. Section 37(a): schemes providing "five per cent. reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities"; s.37(b) and (c) add five per cent in poverty alleviation and developmental schemes and in land allotted at concessional rates. Statement 2 is wrong: s.32(1) binds "All Government institutions of higher education and other higher education institutions receiving aid from the Government", not private unaided ones. Keep the figures apart: 5 per cent of seats (s.32), not less than 4 per cent of vacancies (s.34), a 5 per cent private workforce target (s.35), 5 per cent in schemes (s.37). (a) drops statement 4, the s.37 scheme reservation; (b) extends s.32 to private unaided institutions and drops statement 1; (c) extends s.32 to private unaided institutions and drops statement 3.

Both statements are correct and Statement-II explains Statement-I. Section 34(1): the appropriate Government "shall appoint in every Government establishment, not less than four per cent. of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities". The words "not less than" make four per cent a floor, not a ceiling, which is why Statement-I holds. The split is 1 + 1 + 1 + 1: one per cent each for clause (a) blindness and low vision, clause (b) deaf and hard of hearing, and clause (c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy; and a single one per cent for clause (d) autism, intellectual disability, specific learning disability and mental illness together with clause (e) multiple disabilities including deaf-blindness. The base is vacancies in the cadre strength in each group of posts; notes that say "4% of posts" drop both "not less than" and "vacancies". (b) treats the two as unconnected, though "not less than" in Statement-II is the reason for Statement-I; (c) rejects Statement-II, usually by giving one per cent to each of five categories (5 per cent in all) or by reading "4% of posts"; (d) rejects Statement-I, reading four per cent as a ceiling.

Statements 1, 3 and 4 are correct. Section 16 opens: "The appropriate Government and the local authorities shall endeavour that all educational institutions funded or recognised by them provide inclusive education to the children with disabilities". The test is funded or recognised, so a recognised private unaided school is covered though it takes no grant, while an institution that is neither funded nor recognised is outside the section. Among the listed duties, s.16(vi) is to "detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them", and s.16(viii) is to "provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs". The others are admission without discrimination, accessible buildings and facilities, reasonable accommodation, individualised support, appropriate languages and modes for students who are blind or deaf or both, and monitoring of participation, attainment and completion. (b) brings in an institution that is neither funded nor recognised and drops the transport duty; (c) drops statement 1, the common misreading that s.16 binds only government and government-aided schools; (d) accepts statement 2.