Right To Accessibility Of Disabled Persons Extends To Digital Platforms Too: Kerala HC Bats For Service Centres To Fill Online PSC Applications
The Kerala High Court has observed that right to accessibility of persons with disability (in this case a visually challenged person) is not limited to buildings and services but extends to digital platforms too. Thus, compelling them to rely on third parties to fill up their online job application limits their "autonomy".The Division Bench of Justice AM Mustaque and Justice PM Manoj has...
The Kerala High Court has observed that right to accessibility of persons with disability (in this case a visually challenged person) is not limited to buildings and services but extends to digital platforms too. Thus, compelling them to rely on third parties to fill up their online job application limits their "autonomy".
The Division Bench of Justice AM Mustaque and Justice PM Manoj has called upon the State and the Public Services Commission to establish service centres, providing services to persons with disabilities including the visually challenged, allowing them to submit applications online without barriers.
Court said compelling visually challenged persons to rely on third parties to fill up their application forms subjects them to an "additional layer of difficulty", that sighted candidates do not face.
"The failure to address the unique needs of visually impaired individuals in the online application process amounts to a denial of their right to equal opportunity. The duty of the State extends beyond merely providing access to public buildings and services; it must also ensure that digital platforms are accessible to everyone, including persons with disabilities," observed the bench.
A 100% visually challenged woman's online application to the post of Upper Primary School Teacher was rejected by PSC since she failed to upload her Kerala Teacher Eligibility Test (KTET) certificate. The Kerala Administrative Tribunal had directed the PSC to allow her to participate in the selection process. Hence, the present petition was preferred.
The woman submitted before the court that rigidly applying a general rule or standard procedure overlooks the unique challenges faced by her due to her disability.
The Court, seeing that the PSC has not accommodated the needs for visually challenged persons, dismissed the petition.
It noted that application for posts called by PSC can only be filled online. The application process requires candidates to provide detailed information strictly confirming to the notifications, special rules and other provisions.
"Given the technical and complex nature of the process, this task cannot reasonably be performed by just anyone on behalf of the candidate. It demands a high level of familiarity with both the rules and the procedural nuances. For visually impaired candidates, who often rely on third-party assistance, this presents a significant barrier...This failure to account for the needs of visually impaired individuals in the digital application process effectively excludes them from participating on an equal footing with their peers," Court observed.
Substantive Equality
The Court observed that the goal of substantive equality is not to treat everyone the same, but to achieve actual equality.
“..it recognizes that disadvantaged or marginalized groups, such as persons with disabilities, require special consideration to address the disadvantages they face. The goal is not just to provide equal opportunities, but to achieve actual equality in outcome by addressing systemic barriers, historical injustices, and real wrongs faced by those in marginalized positions.”
The Court said that laws and policies must actively compensate for the unequal conditions faced by certain group rather than treating everyone the same.
Reasonable Accommodation
The Court observed that social structures should accommodate the needs of the individuals with disability rather than forcing them to conform to norms created for the physically able. Seemingly neutral laws can perpetuate exclusion if it fails to accommodate the specific needs of persons with disabilities. The Court added that it is duty bound to scrutinize the impact of the general rules on those who are not similarly placed as others.
The Court noted that though significant importance is placed on the digital spaces, such spaces are not designed keeping accessibility in mind. The Court noted that the World Wide Web Consortium introduced 4 main guiding principles – perceivable, operable, understandable, robust; known as POUR - to ensure that person with sensory and cognitive challenges can access digital spaces. The Court held that ensuring digital accessibility is a part of substantial equality.
"Therefore, it is the duty of the PSC and the State to provide measures to allow visually challenged to submit applications online without barriers. The State or PSC are bound to establish service centers providing services to persons with disabilities including the visually challenged. We hope the State and the PSC will do the best for them," Court said and dismissed PSC's petition.
Counsel for the Petitioners: Adv. P. C. Sasidharan
Counsel for the Respondent: Advocates K. Shaj, Senior Government Pleader Nisha Bose
Case No: OP(KAT) 346 of 2022
Case Title: The Kerala Public Service and Another v Sabeena K. S. and Another
Citation: 2024 LiveLaw (Ker) 660