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Friday 26 July 2024

THE KANT-ERBURY TALES : THE DEBATE OVER DISABILITIES QUOTAS

 A wise man once had this piece of advice for people who talk too much and out of turn: it's better to keep your mouth shut and let people suspect that you are an ignoramus, rather than open it and confirm their suspicions. It appears that this gem of wisdom applies very well to the likes of Mr. Amitabh Kant, the over-burdened sherpa, and Ms Smitha Sabharwal, considered by some Youtube channels to be the "most beautiful IAS officer" in India. Both belong to my erstwhile service, sadly.

Mr. Kant has been in the Hall of Fame for some time now, with comments like "India has too much democracy" and  that the G-20 conference stewarded by India last year had issued "the strongest statement ever issued by the G-20", never mind that democracy is in the ICU here and no one remembers what that G-20 was all about, except perhaps a stepping stone for our 2024 elections. Ms Sabharwal, on the other hand, had not yet uttered anything of equal import so far, but has now decided to let the people know that she has brains as well as beauty, and should therefore be placed a notch above Mr. Kant (on the brains scale, of course, not the beauty one).

My reference is to the recent public statements made by the two, post the shocking revelations about the misuse of the reserved quotas in the IAS by one Puja Khedkar under the aegis of a somnolent UPSC and the Department of Personnel and Training. Mr. Kant has let it be known to the hoi polloi that he supports the SC/ST and OBC quotas but not the one for the physically handicapped which should be "reviewed": he has not bothered to explain what he means by that laconic word, but presumably he wants it discontinued. For good measure he has also voiced his opposition to the transgender quota. Ms Sabharwal is more explicit: she wants the handicapped quota abolished as disabled persons cannot do the rigorous field work and put in the long hours required in the civil services. (She is of course, wrong on both counts: the average IAS officer, after the first 4-5 years of field postings spends the rest of his life in office jobs, as Ms Sabharwal herself is doing currently. As for long hours, my son, who is a paraplegic, puts in longer hours at his office table six days a week than I ever did.) The lady then delivers the coup-de-grace to the disabled by pointing out that there are no disabled pilots flying planes or surgeons performing operations for a very good reason! (She is wrong again, and would be well advised to read an article by Satendra Singh of the University College of Medical Sciences, listing the contributions of some eminent disabled professionals, administrators and academics. It demonstrates convincingly that disabled persons, if given a fair and equal opportunity, can do as well, if not better, than the able-bodied in most fields. This piece, titled People with Disabilities need Bureaucrats who are Allies, and not Adversaries, has been published in The Long Cable on 26th July 2014)).

The short point is that, with their crass comments, both these officers have exposed not only their insensitive and callous nature but also their ignorance and regressive tendencies. For equality and equal opportunities for the disabled are now enshrined in the social and legal framework of all countries today, as is the goal of an inclusive society. India is a signatory to the United Nations Convention on the Rights of Persons with Disabilities, 2006; Part III of our Constitution provides for equality and dignity for the disabled; the Directive Principles of State Policy and Article 41 enjoin the state to make effective provisions for securing the right to work for the disabled, among among other vulnerable sections of society. The Rights of Persons with Disabilities Act, 2016, makes specific the obligations of the government, society, employers etc. The world is moving/ has moved towards integrating the disabled in the mainstream of society but these two bureaucrat-dinosaurs have not progressed beyond their heartless, able-bodied  arrogance and anesthetised conscience. 

One would have understood, indeed applauded, if they had come out strongly against the misuse of all these quotas. as irrefutably demonstrated by the Puja Khedkar case, instead of attacking the disabled quota. One would have been delighted if they had raised the following questions and demands:

[1] How and why did DOPT issue Ms. Khedkar appointment letter when it had been opposed by the UPSC and her case had been dismissed even by CAT?

[2] How was she allowed to do forum shopping for four different disabilities (locomotor, visual, hearing, mental) from three different hospitals, at different times, in order to aggregate her disability to meet the 40% requirement of the UPSC?

[3] How did the UPSC/ DOPT fail to notice that with each attempt at certification she kept adding additional disabilities in order to reach the 40% threshold ? This itself should have raised red flags.

[4] Why was she even considered for appointment when she had refused to appear before the AIIMS, Delhi board six times?

[5] Why has the Chairman of UPSC been allowed to resign precisely at a time when he is required to answer questions about his organisation's dubious role in this scandal?

[6] Why are the DOPT and UPSC not taking any action to shut the many loopholes in the OBC and Disability quota system, even though it is common knowledge that people with connections have been gaming the system all these years? Why are they not tightening the rules/ processes to prevent the adoption of strategies to get around the "creamy layer" provisions- such as paper adoptions, gifting of assets, taking premature retirement etc.? 

[7] What is the rationale behind not counting the candidates' own income (but only that of the parents') for determining economic status vis-a-vis the creamy layer requirements? Surely it is obvious that the loophole here is as wide as one of Mr. Gadkari's expressways?

[8] Demand that ALL OBC/ Disability quota certificates submitted by the successful candidates since 2010 be put through a rigorous scrutiny so as to determine how far the rot has spread. Enough anecdotal evidence is available on social media to convince one that the Khedkar case is only the tip of the ice-berg.

This gaming of the system adversely effects the caliber of the civil services in two ways- it allows induction of sub-standard people into the services, and it does great harm to the genuinely disabled/ economically disadvantaged sections by depriving them of their rights to these jobs. This, and what Ms Khedkar has done, could not be possible without collusion at various levels and friends in high places. It is quite clear now that some kind of a cover-up has been set in motion. Ms Khedkar services shall be terminated but the various cases filed against her shall be allowed to peter out into the arid sands of time and be forgotten. The UPSC Chairman has already been allowed to don monkhood and will no doubt take a vow of silence, a few minor bureaucrats and doctors shall be shuffled around and normal business shall (literally) resume.

I wish the Kant-Sabharwal duo, who appear to be so worked up about reservations and quotas, had applied their immense acumen to these issues instead of favouring us with their biases and lack of emotional and empathetic intelligence. They should be questioning why the bathwater is so dirty instead of wanting to throw out the baby in it. The laziest option is not usually the best.

9 comments:

  1. So true Avay. Which of us is truly whole? Each of us has our own share of disabilities be it persons like me who are tech challenged to those who have nasty dispositions, hate pets, hate other humans, strays, the list can go on. All of us are entitled to human rights, to opportunity and dignity. To exclude or point at people with a identified ability or disability is violative of their rights and must be condemned

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  2. "The world is moving/ has moved towards integrating the disabled in the mainstream of society but these two bureaucrat-dinosaurs have not progressed beyond their heartless, able-bodied arrogance and anaesthetised conscience." This statement is tailor made to fit not just these 2 media savvy officers but many others too who seem to think that making inclusiveness and compassion the touchstone of your decision making is a sign of weakness. For just one day let them and their ilk try to walk in the shoes of those who are physically disabled and economically disadvantaged and oh boy it MAY DAWN ON THEIR BLINKERED VISION what a minefield such people have to navigate daily to execute any task that we take for granted. Succeeding in the IAS, considered the 3rd toughest exam in India, must have required such exemplary grit n focus that would be the envy of any of the able bodied and affluent. The films '12th fail' and 'Srikanth' brilliantly n sensitively portrayed both the extraordinary grit and determination of these two trail blazers who represent the many in our vast ecosystem. In this context are these thoughtless statements being made by such media-built officers to get the optics at any cost even shock value. They need to revisit the term "public servant" and the desirable competent of compassion to do a reality check for course correction so that the good that they may have done "is not interred with their bones" by such irresponsible remarks; being in the spotlight has an attendant responsibility of choosing your words carefully as there may be fledgling officers who look up to you and may dump much needed "sensitivity" in the execution of their onerous public duties.

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  3. Sir, I believe that only someone with little to no exposure to the disabled community would consider ending the disability quota in services. They cannot imagine that people with disabilities can be far more effective than us "normal" people. In my own family, my cousin Prof. Dr. Kazmi, who has been in a wheelchair due to polio since childhood, is mentally very strong and intelligent. He topped his Master's degree at Allahabad University, completed his PhD and is now a Director at Maulana Azad University, Hyderabad. I've seen many highly knowledgeable and physically strong people bow before him in his domain.
    As a society our efforts should be focused on providing more opportunities to such individuals to bring them into the mainstream. Such geniuses can benefit the entire society.

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  4. On the spot Avay, except for your caption. Coz, these two "privileged" people (being blessed with an able body as well as being selected in the top services) have clearly 3xhibited their total lack of "vision" (not even from the almighty Kailash). People through ages and from all walks of life across the world have proven that "physical disability" is absolutely no barrier in accomplishing what one sets to achieve. and what "rigorous" work is Ms Sabarwal referring to? Can she please give an example of any two such "difficult fieldworks" she has had to undertake (which she thinks the less abled /disabled cannot)!
    There's a lot to vent on such empathetic and insensitive comments, but to sum up...The ability lies in ines determination and mental strength. As Gandhiji said: "They can, who think they can."

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  5. Is disability and inclusion a part of civil services training programme? If not, can it be made mandatory?

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  6. Very pertinent questions that need to be answered. But sadly nothing will be done as you say.

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  7. Ms Smitha Sabharwal perhaps has not read about the legendary WW II RAF pilot, Douglas Bader, who was later knighted.

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  8. What about disabilities, pervasive in public servants, like progressive lack of empathy for the struggling? Non working conscience, practiced cognitive dissonance, spinelessness etc. Extant traits that add to the misery of the affected? The Big barrier in integrating the disabled and deserving categories into the mainstream.

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  9. Perhaps it is not reservation that is the answer to the constructive employability of specially abled individuals. Instead, the focus could be on enabling an environment, one that addresses the extenuating circumstances arising from their disabilities. Reservation conceptually is a preferential treatment offered to an identified weaker social section in order to assist their career path to rise with the rest. Physically challenged persons do not always fit in the same mould. Many are sound and competent of mind, not from a backward or discriminated class to need a socio-economic leg up. They are disadvantaged solely from their handicap. Addressing their challenges so that the individual does not suffer an impediment from the disability during examination, selection and subsequent employment, will create a more equitable environment for them. The requirement is that of bringing empathy in the system to mitigate the disability and bring in maximum possible parity. Study tours of the developed world will sensitise the decision makers to the needs of the specially abled. Facilitation over reservation needs to be the approach.

    The existing process has proved itself to be vulnerable to systemic corruption. A candidate of the mentality of a Puja Khedkar strips it viciously to the bone. On the other side is a line of avaricious medical examiners, willing to certify a candidate as disabled for personal gain. Course correction is required if we aim to leverage India's demographic dividend, and a reconsideration of disability seats may be part of that process.

    If the Kant-erbury tales are a different story, they should probably be ignored. The Sabharwal woman must assuredly be.

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