Principle of Reasonable Accommodation

On 20^th March, 2022, the Karnataka High Court ruled that students in educational institutions should only wear prescribed uniforms.

• The High Court did not accept the argument based on a South African decision that reasonable accommodation can be made for allowing minor variations to the uniform to accommodate personal religious belief.

About Principle Reasonable Accommodation: It is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.

• Its use is primarily in the disability rights sector.
• The provision plays a major role in addressing these barriers and thus contributes to greater workplace equality, diversity and inclusion.

Supreme Court on Reasonable Accommodation: In Jeeja Ghosh and Anr v. Union of India and Ors (2016), the Supreme Court held that Equality not only implies preventing discrimination but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.

• In concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation.”
• In Vikash Kumar v. UPSC (2021), the court ruled that benchmark disability, that is a specified disability to the extent of 40%, is related only to special reservation for the disabled in employment, but it need not be a restriction for other kinds of accommodation.
• It also said failure to provide reasonable accommodation amounts to discrimination.