Benchmark Disability

A person with benchmark disability is a person whose specified disability meets the statutory level used for certain targeted entitlements. Under Section 2(r) of the Rights of Persons with Disabilities Act, 2016, it means a person with not less than 40 per cent of a specified disability where that disability is not defined in measurable terms; it also includes a person whose specified disability is defined in measurable terms, as certified by the certifying authority. This category is narrower than the general category of a person with disability.

Meaning of the key terms

• A specified disability, defined in Section 2(zc), is a disability included in the Schedule to the Act.
• A person with disability, under Section 2(s), has a long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders full and effective participation in society equally with others.
• The benchmark status must be established by a certifying authority designated under the Act.

Certification and legal significance

The Central Government issues assessment guidelines, while designated authorities assess disability and issue certificates under Sections 56-58. Benchmark certification determines eligibility for several targeted measures under the Act.

• Government and government-aided higher educational institutions must reserve at least 5 per cent of seats for persons with benchmark disabilities under Section 32.
• Government establishments must reserve at least 4 per cent of vacancies in the prescribed manner under Section 34.

How UPSC asks this