Indian Disability Act
Indian Disability Act
GS-2: Policies of Government of India for weaker sections
(UPSC/State PSC)
Important for Prelims:
Central Public Works Department (CPWD), Rights of Persons with Disabilities Act 2016 International Labor Organization (ILO), United National Convention on the Rights of Persons with Disabilities (UNCRPD), Accessible India Campaign.
Important for Mains:
Rights of Persons with Disabilities Act 2016-key provisions, issues/challenges of persons with disabilities, government initiatives, Way forward, Conclusion.
15/03/2024
Why in news:
Recently, the Central Public Works Department (CPWD) has directed its regional offices to ensure that all public buildings are accessible to people with disabilities.
About Disabled (PwD):
Definition:
According to the United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities include those who suffer from long-term physical, mental, intellectual or sensory impairment, who interact with various barriers that may hinder their full and effective participation in society on an equal basis with others.
Statistics:
According to the National Family Health Survey, the population of persons with disabilities in India has declined to 1% between 2019 and 2021, from an estimated 2.2% (26.8 million) as per the Indian Census in 2011.
According to the 2011 population census, 20% of people in India are leg disabled, 19% are visually disabled, 19% are hearing disabled and 8% are multiple disabled.
Rights of Persons with Disabilities Act 2016:
The Act provides for the right of persons with disabilities to live with equality, dignity and respect for their integrity equally with others.
It is effective in place of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
This fulfills the obligations of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
The convention was adopted by the United Nations General Assembly in December 2006, and came into force in 2008. India ratified this convention in 2007.
Disability has been defined based on an evolving and dynamic concept.
The Act covers 21 types of disabilities and the Central Government has the power to add more types of disabilities.
The Act provides for penalties for offenses committed against persons with disabilities and for violation of the provisions of the new law.
This Act has a provision to establish special courts in each district to resolve cases related to violation of the rights of persons with disabilities.
Issues/Challenges of Persons with Disabilities:
Social Stigma: The term disability is being seen as a social stigma according to which parents feel shy towards their children and due to fear most of them feel uncomfortable in public.
Institutional Failures: Both the Indian education system and government institutions are failing to a great extent in providing for the welfare of persons with disabilities. There should be appropriate seats for persons with disabilities in classrooms as well as at examination centres.
Illiteracy is particularly prevalent among people with disabilities and is a double disadvantage. Apart from being disabled, they are isolated due to illiteracy.
Unemployment: In times of recession, disabled people become the scapegoats for being fired from jobs. When companies adopt cost-cutting measures, they are the first to be laid off from their services.
Poor implementation: According to PwDs and activists, the 2016 guidelines were never implemented, and the 2021 guidelines are being treated the same. No state has implemented the harmonized guidelines released in 2021 in its building bylaws.
Lack of awareness and accountability: Implementation of accessibility standards has been patchy. There is no continuity, lack of budgetary allocation, and no monitoring and sensitivity.
Government Initiatives for Disabled:
Harmonized Guidelines and Standards for Universal Accessibility in India, 2021: With the vision of a universally accessible and inclusive India, these guidelines are an enabling step towards strengthening India's national mandate.
Department of Empowerment of Persons with Disabilities: Understanding the special needs of persons with disabilities, the Government created a special department under the Ministry of Social Justice and Empowerment.
'Divyang': With an aim to change social attitudes towards persons with disabilities and encourage them to participate in the society without any feeling of inferiority, the Prime Minister coined the term 'Divyang' to denote persons with disabilities.
Accessible India Campaign: This campaign was launched in 2015 to create a barrier-free environment for persons with disabilities. Under this campaign, ramps, help desks and accessible toilets have been constructed at public places.
Sugamya Bharat App: The government has launched the Sugamya Bharat App to address disability issues and receive feedback on accessibility issues.
Unique Disability Identification Project (UDID): This project aims to simplify disability certification while eliminating fraud in the process.
Divya Kala Shakti: It is a scheme of the Government of India to encourage persons with disabilities to participate in cultural activities.
Aid to Persons with Disabilities for Purchase/Fitting of Aids and Assistive Devices (ADIP) Scheme: Under this programme, the government provides aids and assistive devices to persons with disabilities.
Way forward:
Change in approach from ‘for PWDs’ to ‘by PWDs’: “For” refers to actions or initiatives taken on behalf of persons with disabilities, while “by” refers to the involvement and participation of persons with disabilities in the process.
Formulation of comprehensively inclusive policies: Focusing on addressing the unique challenges faced by persons with disabilities, including social, economic and gender dimensions.
According to an International Labor Organization (ILO) study, inclusion of persons with disabilities in the economy could help increase global GDP by between 3% and 7%.
Collaborative process with PWD and private sector: Where persons with disabilities are not passive recipients but active contributors and the private sector is a key player in promoting employment opportunities for persons with disabilities.
Opportunities Café in Kolkata is run by 16 youth with intellectual disabilities who are trained in hospitality by the café itself.
Attitudinal change and social justice: The SPARK project by ILO with Mahila Vikas Nigam in Maharashtra has contributed to the change in attitudes towards persons with disabilities by placing them in leadership positions and training them as Disability Inclusion Facilitators (DIFs).
Need for reform in the education system: To build a better society, the education system should be reformed so that persons with disabilities can face the challenges of life with courage and wisdom.
Creation of PWD-friendly infrastructure: Universal access should be included in the site planning and detailed working drawings of public and private projects.
Need for employment-oriented training: Employment-oriented training is the need of the hour. There should be well trained professionals who can ignite the minds and train them to meet the needs of the service industry. Vocal and linguistic teachers should be recruited for the overall well-being of the people.
Conclusion:
Disabled people are one of the most vulnerable sections of the country. They can also be a source of untapped potential, which if well utilized can enhance economic growth and development in the country.
The need of the hour is to properly sensitize the community towards the issues faced by persons with disabilities, as well as remove the social stigma associated with their integration into the society.
Source: Indian Express
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Mains Question:
Examine government initiatives to address challenges related to persons with disabilities in India.