India’s Disability Law

General Studies Paper -2

Context: The Central Public Works Department (CPWD) recently asked its regional offices to ensure that “all public buildings are accessible to people with disabilities”.

Persons with Disabilities (PWDs)

• As perUnited Nations Conventions on the Rights of Persons with Disabilities PWDs include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
• As per National Family Health Survey, India’s population of people with a disability has reduced to 1% between 2019 and 2021, from the 2.2% (26.8 million) estimated by the Indian census in 2011.
• As per 2011 population census, 20% of persons with disabilities in India have a disability in movement, 19% have a disability in seeing, 19% have a disability in hearing and 8% have multiple disabilities.

India’s disability law: Rights of Persons with Disabilities Act 2016

• The RPWD Act, 2016provides that “the appropriate Government shall ensure that the PWD enjoys the right to equality, life with dignity, and respect for his or her own integrity equally with others.”
• The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
• It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
• The convention was adopted by the UN General Assembly in December 2006, and entered into force in 2008. India ratified the convention in 2007.
• Disability has been defined based on an evolving and dynamic concept.
• The types of disabilities covered are 21and the Central Government has the power to add more types of disabilities.
• The Act provides for penalties for offencescommitted against persons with disabilities and also violation of the provisions of the new law.
• Special Courtswill be designated in each district to handle cases concerning the violation of the rights of PwDs.

Issues/ Challenges 

• Social Stigma: The word disability is being seen as a social stigma, according to which parents feel ashamed of their children, and in fear most of them feel uncomfortable in public upfront.
• Institutional Failures:Indian education system and Government institutions both are failing in making arrangements for the welfare for disabled persons to an extent. There should be proper seats for disabled persons at classrooms as well as at the exam centres.
• Illiteracy is particularly prevalent among disabled people and constitutes a double disadvantage. In addition to being disabled, they are isolated by illiteracy.
• Unemployment: Disabled persons are the ones who are scapegoats in getting fired at tenure of recessions. They are first to be discharged from their services when cost cutting methods are adopted by the companies.
• Poor implementation:According to PwDs and activists, the 2016 guidelines were never implemented, and the 2021 guidelines are being treated similarly. No state has implemented the harmonized guidelines released in 2021, in their building by-laws.
• Lack of awareness and accountability: The implementation of accessibility standards has been haphazard. There is no consistency, there is a lack of budgetary allocation, and no monitoring and sensitisation.

Measures needed

• Change in approach from ‘For’ PWD to ‘By’ PWD: “For” implies actions or initiatives done on behalf of persons with disabilities, while “by” signifies involvement and participation of persons with disabilities in the process.
• Formulation of Comprehensive Inclusive Policies:With focus on addressing unique challenges faced by individuals with disabilities that encompasses social, economic, and gender dimensions.
• The inclusion of persons with disabilities into the economy can help boost global GDP between 3% to 7%,as per the study by the International Labour Organization (ILO).
• Collaborative Process with PWDs and private sector: Where persons with disabilities are not passive recipients but active contributors and the private sector as a key player in promoting employment opportunities for persons with disabilities.
• Opportunities Cafe in Kolkatais run by 16 young adults who have intellectual disabilities, who are trained in hospitality by the cafe itself.
• Attitudinal Shift and Social Justice:The SPARK project by ILO with Women’s Development Corporation in Maharashtra  has contributed to an attitudinal shift towards PWDs by putting them in the lead and trained as Disability Inclusion Facilitators (DIFs).
• Education system:There should be reforms in Education system to build a better society through which disabled persons can face the challenges of life with courage and conscience.
• PWD-friendly infrastructure: Universal accessibility should be incorporated in the site planning and detailed working drawings of public as well as private projects.
• Job-oriented training: Job-oriented training is the need of the time. There should be well trained professionals for training who can ignite the minds and train them to cater the needs of the service industry.
• Vocal and linguistic teachersshould be recruited for the overall well being of the people.

Government Schemes and Initiatives

1. The Harmonised Guidelines and Standards for Universal Accessibility in India, 2021: These guidelines are an enabling step towards strengthening the national mandate of an Accessible India and a self-reliant India with a vision for a universally accessible and inclusive India.
2. Department of Empowerment of Persons with Disabilities: Understanding the special needs of Persons with Disabilities (PwDs), the government carved out a special department under the Ministry of Social Justice and Empowerment.
3. ‘Divyang’: With a view to change the societal attitude towards PwDs and to encourage them to participate in the society without any feeling of inferiority, the Prime Minister coined the term ‘divyang’ to denote PwDs.
4. Accessible India Campaign: The campaign was launched in 2015 to create a barrier-free environment for divyangjan. The project envisages creation of ramps, help desks and accessible toilets in public places.
5. Sugamya Bharat: To understand the problems of divyangjan, the Government has launched the Sugamya Bharat app. The app lets people provide feedback on accessibility issues for PwDs.
6. Unique Disability Identity Project (UDID):The Project is aimed at easing disability certification, while weeding out fraud in the process.
7. Divya Kala Shakti:It is a scheme of the Government of India to encourage divyangjan to participate in cultural activities.
8. Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) Scheme: Under this programme, the Government provides aids and assistive devices to PwDs.

Conclusion

• PWDs constitute one of the most vulnerable sectionsof the country. They also can be a source of untapped potential, which, if harnessed well, may increase the economic growth and development in the country.
• The need of the hour is proper sensitization of the community towards the issues faced by PwDs, as well as to remove the social stigma attached to their integration into the society.