Recently, a virtuoso dancer Sudha Chandran was asked to remove her prosthetic limb at the airport following which she asked the PM to engage with the matter. As a result the government issued the “accessibility standards and guidelines for the people with disability” for the airport authorities.
Sudha Chandran is just one among the 2.62 crore people in the country who suffer with disability and encounter situations like these everywhere every time. These instances naturally make us question the attitude of the society.
Firstly, any discussion on disability should state at the very outset that disability shouldn’t be confused with inability.
It is rather a condition which occurs when a person interacts with others and the environment. Disability can’t be described as a homogenous concept and hence there is no universal definition as such.
According to the Rights of Persons with Disabilities Act, 2016 disability is defined as a long-term sensory, physical, mental and intellectual impairment which intercepts the full participation of people while interacting with people, environment and also while participating in the development of society equally with others.
Relevant Constitutional Provisions
Article 14, Article 15 (1)&(2) guarantee the right to equality, equality of opportunity in and no-discrimination. Article 21 guarantees the right to life and personal liberty to all.
Article 39 and Article 41 also offer few safeguards. Entry 9 of the state list is titled as “relief of the disabled and the unemployable”.
Landmark laws relating to disability in India
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was passed in 1995 but came into enforcement on 7 January, 1966.
It takes 7 types of disability into account including: Blindness, Low Vision, Leprosy Cured, Hearing Impairment, Locomotor Disability, Mental Retardation and Mental Illness.
It is anti-discrimination and ensures equal opportunity in employment, research along with guaranteeing 3% reservation for PwD. It also allows the unemployment allowance, rehabilitation and building homes for people with severe disabilities.
The Mental Health Act, 1987 generally deals with the procedure and rights related to a person with mental disability. The Rehabilitation Council of India Act, 1992 also ensures quality services to people with disabilities.
The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disability Act, 1999 provides for a setup of national trust for autism and other mentioned disabilities in New Delhi.
The Rights of Persons with Disabilities (RPwD) Act, 2016 was enacted on 28 December, 2016 but was enforced on 19 April, 2017. It broadens the definition of disability and includes 21 types of disability unlike the 1995 Act which included only 7.
These include physical disabilities, further divided into- locomotor, visual impairment, hearing impairment disabilities, other categories are intellectual disabilities, mental behavior disabilities, disability due to-chronic neurological conditions and blood disorder and multiple disabilities.
These include acid attacks, thalassemia, blindness, dwarfism, Parkinson’s etc. There is another category as ‘benchmark disabilities’ which means people certified as having 40% of disabilities mentioned in the act.
Challenges and Issues
India has all these laws in place which have had revolutionary impact but in spite of such broad laws why can one not see many Children with Disabilities studying in schools?
Why do prestigious, otherwise well-infrastructure institutions and universities not have ramps?
One of the reasons that can be identified is the screwed implementation of laws. Around 15 states in the country still do not have relevant rules in place. Unfortunately these include more developed and progressive states like Maharashtra.
Even the schemes like Accessible India Campaign and Assistance for Disabled People have failed to provide adequate infrastructures, wheelchairs, disabled-friendly toilets, and signages at the railway stations.
Infrastructural challenge
The transport facilities don’t seem to be complying with the needs of the people with disabilities. There is very little text-to-speech aid provided, usable study-research material is not available. Thus, the equality and facilities promised by the schemes and laws appear to be denied to people in practice.
It is seen that 45% of PwD population is illiterate which means that it becomes difficult for them to understand and look out for solutions on their own. In the education sector, the segregated education system, different work-environment paralyzes them more.
This is all because there are no standard norms and rules in place and there is a lingering gap between paper and practice.
Social aspect
The intersectionality makes the case worse. It’s not hypothetical but real that women with disabilities are more prone to sexual abuse, physical and psychological violence. Similarly, when the caste and class factor play itself out it becomes worse.
People with Disabilities who belong to lower income groups or are poverty-ridden succumb to their death more because of their class and caste than the disability.
The expenses for getting an operation done or for purchasing a prosthetic limb are so high that they find it difficult to afford them let alone treat for disabilities like thalassemia.
In-adequate actions and non-accountancy essentially stems from the society, its mindset and attitude towards PwD. Society needs to understand that PwD are a part of society who are as normal as others.
People with Disabilities do not want others to sympathize or be extra kind to them, they just ask for inclusion in society.
In simple words, society needs to put its faith in PwD and believe that they are able to do everything like others do just with extra efforts and usable facilities.
Political aspect
Not only is the legal machinery and society at fault but the political system also doesn’t address the issue appropriately. During elections when candidates appeal to the vote bank, they leave people with disability unrecognized.
Caste, class, religion and all other variables of election politics are addressed, approached but not PwD. After being unrecognized as voters one can imagine what little chance exists for them to participate in elections as candidates.
Since independence Indian parliament lacks representation from this particular section of the society. Up until now, only 4 members from the group have been elected to the Parliament.
There are a handful of people in parties and party manifestos have little mention of the rights of PwD.
Their voices, concerns, and difficulties are rarely addressed lest the polling booths will continue to be ill-equipped and the violations of their rights and oppression of PwD will continue and even intensify.
The disability movement in India has been successful in pushing the government to pass legislations and implement them effectively.
The United Nations Convention on the Rights of Persons with Disabilities passed in 2007 has also changed a lot in national governance of India.
The rights of Pwd are now seen through the prism of human rights. The paradigm has also shifted from ‘charity-based approach’ to ‘rights-based approach’. Still, there is a long way to go. It should be recognized that India urgently needs an institutional, attitudinal and infrastructural change.
The obligatoriness lies not only on NGOs or governments but every single citizen because attitudinal change can bring about a change in all other aspects as well. The circle of development has to include the voice of people with disabilities in order to complete a full 360 degree.
Written By - Disha Jain
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