A Public Interest Litigation (PIL) has been filed in the Madras High Court. It seeks to direct the Union and state governments to provide 7% reservation for disabled people in both Houses of Parliament and all state legislative assemblies.
Petitioner Highlights Systematic Exclusion
The PIL was filed by K Manivannan, a disabled person who identifies as a social worker and qualified teacher. He argues that disabled persons face systematic exclusion from political decision-making processes. This exclusion persists despite constitutional guarantees of equality, dignity, and social justice.
Manivannan points out that while reservations exist in education and public employment, no such provision is made for elected bodies. This lack of representation, he submits, results in the continued marginalization of the disabled community.
Data and Government Response
According to the petitioner, the 2011 census recorded over 2.68 crore disabled persons in India. Disabilities are classified into 22 categories. Yet, access to education, employment, and healthcare remains severely limited for this population.
The petitioner states he made several representations to the government on this issue starting in September 2023. He requested legislative action to address the representation gap. However, the Election Commission of India (ECI) responded by letter on February 26, 2024. The ECI stated that the Constitution does not currently permit reservation of seats for disabled persons in Parliament or state Assemblies.
Specific Demands of the Petition
Given the government's stance, the petitioner has approached the court. He wants the court to direct the Union government to amend the relevant constitutional provisions. The amendment should introduce a 7% reservation for disabled persons in the Lok Sabha, Rajya Sabha, and all State Legislative Assemblies (MLAs) and Legislative Councils (MLCs).
Additionally, the plea requests the court to order the waiver of election nomination fees for disabled candidates. This measure aims to reduce financial barriers to political participation.
Next Steps for the PIL
The plea has been moved as a Public Interest Litigation. It is likely to be taken up for hearing by the first bench of the Madras High Court. This bench is headed by Chief Justice Manindra Mohan Shrivastava. The hearing will proceed after the court's Pongal vacation concludes.
This case brings a critical issue of political inclusion to the forefront. It challenges the current framework and seeks legal intervention to ensure disabled citizens have a voice in the nation's highest legislative bodies.
