Dr Sujith Jose, a wheelchair-bound urologist at a government hospital in Kerala, cannot apply for a similar job at the Jawaharlal Institute of Postgraduate Medical. Education and Research (JIPMER) in Puducherry because of its “insensitive and illogical” disability criteria.
According to JIPMER’s latest Office Memorandum (OM) for recruitment of disabled medical professionals, any faculty in the Department of Urology must have functional ability to sit, stand and walk among other things.
Jose, 34, who suffered a spinal injury during his urology training, performs all these tasks with the help of his wheelchair, which the OM has not specified would disqualify him for the position.
Recipient of the Society of International Urology Scholarship for Functional and Female Urology Fellowship 2022 from CES University Medellin in Colombia, Dr. Jose said, “I have had special training in performing urological surgeries using a standing wheelchair. Jobs in developed countries do not have such functional requirements. Jose is not alone in being denied a job opportunity in an institute of national importance like JIPMER because of his physical disability.
Senior medical professionals with disabilities have raised serious objections to the identification of various jobs in JIPMER with associated benchmark disabilities and functional requirements.
They say that the OM is not only insensitive but also violates the existing law by denying job opportunities to many disabled doctors who are already working in the relevant positions in prestigious medical institutions.
Dr. Rakesh Agarwal, Director, JIPMER, said that doctors who feel that they cannot apply due to any situation, can give their representation to the institute.
“Employment opportunities for disabled medical professionals are evolving. Ten years back, we had different norms but now things have changed,” said Dr Agarwal.
On March 18, JIPMER, an organization under the Ministry of Health and Family Welfare, published an office memorandum in which it identified 85 different posts for which direct recruitment can be given to disabled medical professionals.
With each post, it describes the physical condition of a person who can perform these functions.
JIPMER claims that the identification of posts, benchmark disabilities and functional requirements are as per the provisions made in the Rights of Persons with Disabilities Act, 2016.
However, medical experts drew attention to an official gazette notification dated January 4, 2021, which states, “If a post is already held by a person with a benchmark disability, it shall be recognized for that category of benchmark disability.” Gone will be considered.” Another wheelchair user, 32-year-old Nonita Gangwani, who has been working as a senior resident doctor in the Department of Physiology, University College of Medical Science (UCMS) Delhi for the past two-and-a-half years, also gets disqualified on similar grounds.
Dr. Gangwani has 70 percent disability of both arms and legs, but a faculty post in the Department of Physiology at JIPMER requires doctors to not only have the functional ability to sit, stand and walk, but also to have benchmark disabilities such as one arm, both arms One leg, both legs, etc.
According to the 2021 gazette notification, “If a post is identified in the feeder grade, the post should be identified in the promotional grade.” “This means that the faculty position of Physiology in JIPMER should be identified as Dr. Gangwani has been working efficiently in the feeder cadre post of Senior Resident in UCMS, which fulfills the functional requirement of ‘standing, bending and walking’. making illogical in the era of assistive devices,” said Professor Satendra Singh, a leading voice of disability health professionals.
These grievances have been raised time and again by disabled medical professionals when other institutions of national importance such as various AIIMS have advertised positions in violation of the relevant Act and government notification.
They say that the Gazette notification of January 2021 has identified 3,566 posts suitable for Persons with Benchmark Disabilities in Central Government establishments for Group ‘A’, ‘B’, ‘C’ and ‘D’, however, it also states that the list of posts to be notified is only indicative and not exhaustive.
“If a post is not mentioned in the list, it should not be presumed that the same has been exempted,” the notification said.
Professor Singh says that although these institutions are disregarding the 2021 gazette notification, even the notification has some major flaws as it does not look at disability as a human rights issue.
“Referring to our body parts as one leg, one arm, etc. is outright derogatory and dehumanizing,” Professor Singh said.
“Our law is clear and section 33(ii) of the RPDA 2016 clearly calls for constitution of an expert committee with representation from persons with benchmark disabilities for identification of such posts. Neither the law nor the central rules anywhere Also don’t use dehumanizing words categorizing disabled persons into body parts,” he said.
The RPDA 2016 recognizes benchmark disability as a disability of 40 percent and above.
“The current Chief Justice of India, Justice DY Chandrachud in Vikas Kumar Vs UPSC case also stated that reasonable accommodation should be determined on a case-by-case basis in consultation with the disabled person concerned,” Dr. Dive, working in a government hospital The handicapped doctor said.
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)