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On the 5th of January 2021, the Karnataka government issues a circular directing 50% of employees with benchmark disability, official or quasi government officer, to appear physically for work every alternate day. The circular was evaluated in the High Court of Karnataka and the bench issued an order on the same on 15th January 2021. The bench comprising of Justice Sachin Shankar Magadum and chief justice of Karnataka High court Justice Abhay Oka.
Objections were raised by the court regarding the criteria regarding people needing to appear being applied to only 50 % of the disabled employees. The ambiguity around the criteria for choosing 50 % of people who may appear is being questioned for lack of equal and homogenous work. The honourable court refers to the circular that was released in May 2020, by the government of India in regards to the Pandemic. In the said circular the government issued an order stating that all persons with disabilities and all pregnant woman were to work from home until further notice. Keeping the said order in mind and supporting the same rationale, the High Court of Karnataka questioned the circular released on 5th January and objected for people with benchmark disabilities, particularly blind government employees, being compulsorily made to appear for work.
The court reiterated the implications of expecting a person with disability or a pregnant women being subjected to a compulsory compliance to show for work physically with them being more susceptible to the virus and the way certain marginalised communities being affected worse by the Pandemic. Based on the same the court directed the state to reassess the circular. They cited the rights that have been bequeathed to any person with a disability stating that the same puts them in a precarious position where they have to risk their health in order to comply with the new circular.
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