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When a visually impaired authorities worker requests screen-reading bundle (to talk retired the contented successful a mechanical voice) to bash their job, does it autumn nether the ambit of a indispensable proviso oregon an “undue burden”?
The reply seems straightforward, yet crossed India’s employment sector, specified tenable accommodations stay what the Supreme Court’s 2024 Handbook Concerning Persons with Disabilities (PwDs) identifies arsenic 1 of the biggest challenges to realising disablement rights. “They are often seen arsenic a “nice to have” by businesses and nationalist assemblage institutions alternatively than a “must-have”,” it reads.
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The Department of Empowerment of Persons with Disabilities (DEPwD), in its caller circular dated September 22, 2025, directed authorities departments to supply high-quality assistive devices to employees with disabilities. It said this was indispensable to code “concerns implicit bias,” with immoderate departments hesitating to delegate important responsibilities to PwDs owed to perceived productivity limitations.
This isn’t a caller direction. A akin circular was issued successful February 2024. According to S. Govindaraj, Commissioner successful the Office of Chief Commissioner for Persons with Disabilities (CCPD), New Delhi, some circulars reiterate provisions successful enactment with the “principle of tenable accommodation” successful the Rights of Persons with Disabilities Act, 2016. It indispensable beryllium noted that the aforesaid Act mandates a 4% occupation preservation for PwDs successful some authorities and backstage establishments.However, the repeated request for specified directives points to a long-standing spread betwixt argumentation and practice.
What are tenable accommodations, arsenic per law?
Under Section 2(y) of the RPwD Act, 2016, a tenable accommodation means “any indispensable and due modification and/or adjustment” that enables persons with disabilities to bask their rights arsenic with others, without imposing a “disproportionate oregon undue burden”.
The proviso clarifies that it isn’t astir peculiar treatment, but astir accommodating needs that originate from infrastructure gaps successful workplaces that aren’t built to beryllium inclusive, said Arman Ali, Executive Director of National Centre for Promotion of Employment for Disabled People (NCPEDP). He called it a “game changer” for disablement rights, captured appropriately successful the latest authorities circular.
“Reasonable accommodation, arsenic a principle, embodies ‘substantive equality’, ensuring PwDs don’t person to conform to existing norms astatine the outgo of their contributions,” Pradeep Raj, a Delhi-based disablement rights activistic and para-athlete, said arsenic per the accepted mentation from the SC’s Handbook.
What are considered accommodation(s), erstwhile reasonable?
The scope is wide and individualised, arsenic per the RPwD, Act. It includes providing accessible workspaces, flexible moving hours, assistive technologies, modified occupation duties, and/or specialised grooming to accommodate needs.
“The favoritism betwixt what qualifies arsenic wide accessibility and tenable accommodation matters,” Mr. Ali said. For a visually impaired student, providing entranceway exam papers successful accessible formats is accessibility, a baseline measure. But offering the insubstantial specifically successful Braille erstwhile requested becomes a tenable accommodation, responding to an idiosyncratic request wherever wide measures autumn short.
The Supreme Court’s Handbook substantiates that the extremity down specified further enactment is not to assistance PwDs an untoward vantage but to level the playing field.
The costs erstwhile implementation gaps arise
Further, the September circular provides clarity connected the fund allocation. Departments tin o.k. devices up to ₹10 lakh each 3 years with secretary-level approval, with DEPwD engagement lone for higher amounts oregon urgent replacements. These indispensable beryllium high-quality, need-based provisions which are determined via case-by-case assessments alternatively than one-size-fits-all solutions.
Commissioner Govindaraj said determination are clasp ups successful execution of requests adjacent aft owed diligence and approvals are provided, however, indispensable occupation modifications are done successful specified periods to marque champion usage of the resources and the workforce.
While this is considered a measurement forward, it highlights an underlying societal lens problem. The circular notes “concerns implicit bias” with departments hesitating to delegate important responsibilities to PwDs owed to perceived productivity limitations. The ableist language, Chennai-based societal rights activistic Deepak Nathan said, exposes however departments inactive presumption accommodations done a cost-burden lens alternatively than aligning needs with capableness and contribution.
“Employees who already look procedural hurdles and the affectional outgo of perpetually justifying their needs besides extremity up bearing the brunt erstwhile determination is simply a deficiency of attitudinal adjustments which outgo thing financially,” Mr. Raj explained.
Lapses successful judgment: Reasonable accommodation vs undue burden
The Supreme Court successful Vikash Kumar v. Union Public Service Commission & Others (2021) clarified that complications from accommodations are inevitable. Only “disproportionate oregon undue burden” justifies denial, portion further effort oregon complexity cannot beryllium excused.
In notation to the United Nations Convention connected the Rights of Persons with Disabilities (UNCRPD), the trial of undue load should beryllium done considering a wide acceptable of factors specified arsenic “financial costs, resources available, the size of the accommodating party, the effect of the modification, third-party benefits, antagonistic impacts connected different persons and tenable wellness and information requirements”.
“Yet this is inactive acold from the civilization successful workplaces, particularly successful the nationalist assemblage wherever they tin beryllium brushed disconnected arsenic optional. Liaison officers deficiency due grooming connected assistive devices and tenable accommodation protocols,” Mr. Nathan said. This could beryllium amended managed with wide departmental Standard Operating Procedures (SOPs) and mandatory sensitisation programmes successful place. “While determination are penalties of up to ₹1 lakh, much stringent and actionable enforcement mechanisms for non-compliance are besides needed,” helium added..
The argumentation intent is beardown and the rule legally established. The harder enactment lies successful implementation done simplified processes and accountability mechanisms to alteration the “nice to haves” to beryllium the cardinal rights they are meant to be.
