‘Reasonable accommodation’ is a philosophy that promotes equality, allows positive rights to be granted, and prohibits discrimination based on disability, health, or personal beliefs. Its primary application is in the field of disability rights.It articulates the state’s and private parties’ positive obligations to provide additional support to people with disabilities in order to facilitate their full and effective participation in society. The general principle is that reasonable accommodation should be provided, unless some undue hardship is caused by such accommodation.
Recently, The Karnataka High  court rejected an argument in support of permitting Muslim girls wearing head-scarves that was based on the principle of ‘reasonable accommodation’.

How it is related to Fundamental Rights

• Fundamental rights to equality (Article 14),
• The six freedoms under Article 19,
• Right to life (Article 21)

All the above rights would render meaningless without the concept of reasonable accommodation being incorporated into it.

How International Organisations have used this principle

• Article 2 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) states that “it is necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden to ensure that persons with disabilities enjoy or exercise all human rights and fundamental freedoms on an equal basis with others.”
• The International Labour Organization (ILO) published a practical guide on encouraging diversity and inclusion in the workplace in 2016. The need for workplace accommodations might occur in a number of scenarios, but for the purposes of this guide, four types of workers were chosen:
  • Workers with disabilities,
  • HIV-positive and AIDS-infected workers,
  • Those who are pregnant or have family obligations, as well as workers who adhere to a specific faith or creed.

The legality in India

• “Necessary and suitable modification and adaptations, without imposing a disproportionate or unfair burden in a given situation, to ensure that individuals with disabilities enjoy or exercise rights equally with others,” according to the Rights of People with Disabilities Act of 2016.
  ‘Denial of reasonable accommodation’ is included in the definition of ‘discrimination’ in Section 2(h). In Section 3, which deals with equality and non-discrimination, sub-section (5) says: “The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.”

• In Jeeja Ghosh and Others v. Union of India and Others (2016), the Supreme Court declared that equality encompasses not only the prevention of prejudice, but also the remedying of discrimination against groups that are subjected to systematic discrimination in society. In concrete words, it entails accepting the concepts of affirmative action, positive rights, and reasonable accommodations.”
• In Vikash Kumar v. UPSC (2021), the court found that benchmark disability, defined as a 40 percent handicap, is solely connected to particular work accommodations for the disabled, but it does not have to be a restriction for other types of accommodations. It further said that failing to make reasonable accommodations constitutes discrimination

In the recent Karnataka verdict on wearing the hijab, 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.
The high court said that the doctrine of essential religious practices can plausibly be traced to Dr B R Ambedkar’s famous statement in the Constituent Assembly during the debates on the codification of Hindu Law: “The religious conceptions in this country are so vast that they cover every aspect of life from birth to death…there is nothing extraordinary in saying that we ought to strive hereafter to limit the definition of religion in such a manner that we shall not extend it beyond beliefs and such rituals as may be connected with ceremonials which are essentially religious…”

https://www.thehindu.com/news/national/explained-did-the-karnataka-high-courts-hijab-verdict-overlook-reasonable-accommodation/article65240144.ece

How to structure

1. Give an intro about the principle of reasonable accommodation and connect it with the latest current affairs
2. Explain in detail, the principles of reasonable accommodation
3. Mention the areas where this concept is used and link it with UNCRPD and ILO
4. Discuss the legality of this concept in India- as in where have this concept been used to frame rules/laws
5. Conclude