♿ Navigating Equal Opportunities: Unveiling the Realities of Rights and Benefits for Individuals with Disabilities 👨🏻🦼
"Challenges make you stronger, but what if survival is yet the challenge."
Within the landscape of inclusivity, are individuals with disabilities genuinely safeguarded in enjoying their full spectrum of rights and benefits?
About me
Hello dosto, I'm Vedant Kamble, Digital Marketer, Business Consultant, Entrepreneur and Founder of VJK Advertising Agency and VChange Fashion. Along with a Person with Disability having Muscular Dystrophy.
The Rights of Persons with Disabilities Act, 2016 is a disability law passed by the Parliament of India to fulfil its obligations under the United Nations Convention on the Rights of Persons with Disabilities, ratified by India in 2007. The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
In the realm of equal opportunities, do individuals with disabilities truly have all their rights and benefits secured? Before delving into the challenges they face, let's explore some crucial points that lay the foundation for this discussion.
• Disabilities is an umbrella term, covering impairments, activity limitations, and participation restrictions.
- An impairment is a problem in body function or structure;
- An activity limitation is a difficulty encountered by an individual in executing a task or action;
- A participation restriction is a problem experienced by an individual in involvement in life situations.
• As per Census 2011, in India, out of the total population of 121 crore, about 2.68 Cr persons are ‘Disabled’ (2.21% of the total population)
- Out of 2.68 crore, 1.5 crore are males and 1.18 crore are female.
The majority (69%) of the disabled population resided in rural areas.
So there's the Rights of Persons with Disabilities Act, 2016 to empower PwD's.
It came into force in April 2017. "Person with a disability" means a person with long-term physical, mental, intellectual or sensory impairments which, in interaction with barriers, hinder his full and effective participation in society equally with others.
"Person with benchmark disability" means a person with not less than 40% of a specified disability where specified disability has not been defined in measurable terms and includes a person with a disability where specified disability has been defined in measurable terms, as certified by the certifying authority.
I'll recommend you to read the whole article, but if you know about the disability foundation you can skip to Challenges Faced by Persons with Disabilities.
Disability has been defined based on an evolving and dynamic concept.
Principles stated to be implemented for the empowerment of persons with disabilities (PWD) are respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons. The principle reflects a paradigm shift in thinking about disability from a social welfare concern to a human rights issue.
The types of disabilities have been increased from 7 to 21.
1. Blindness
2. Low-vision
3. Leprosy Cured persons
4. Hearing Impairment (deaf and hard of hearing)
5. Locomotor Disability
6. Dwarfism
7. Intellectual Disability
8. Mental Illness
9. Autism Spectrum Disorder
10. Cerebral Palsy
11. Muscular Dystrophy
12. Chronic Neurological conditions
13. Specific Learning Disabilities
14. Multiple Sclerosis
15. Speech and Language disability
16. Thalassemia
17. Hemophilia
18. Sickle Cell Disease
19. Multiple Disabilities including deafblindness
20. Acid Attack victim
21. Parkinson's disease
Provision for Persons with Disabilities in India:
Fundamental Rights: The dignity of the individual is the fundamental notion behind all the fundamental rights guaranteed under the Constitution. All fundamental rights are available to persons with disabilities.
Directive Principles:
Article 41 exhorts the State to make effective provisions for securing the right to work, education and public assistance in case of unemployment, old age, sickness and disability.
According to Article 46, the State shall promote the educational and economic interests of the weaker sections of the people and protect them from social injustice and all forms of exploitation.
Relief of the Disabled is a State Subject (Entry 9 in List II) under the Seventh Schedule.
The welfare of the Disabled and mentally retarded is listed as item 26 in the Eleventh Schedule and item 09 in the Twelfth Schedule.
The Mental Health Act, 2017:
It replaced the Mental Health Act, 1987. It has been passed to provide mental healthcare and related services for persons with mental illness and to protect, promote and fulfil their rights.
The Rights of Persons with Disabilities (RPwD) Act, 2016 has several provisions for the benefit of persons with disabilities it has increased the magnitude of reservation for Persons with Disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes. It stresses to ensure accessibility in public buildings in a prescribed time frame.
The Rehabilitation Council of India Act, 1992:
It provided statutory status to the Rehabilitation Council of India (RCI, established in 1986). The mandate given to RCI is to regulate and monitor services given to persons with disability, to standardise syllabi and to maintain a Central Rehabilitation Register of all qualified professionals and personnel working in the field of Rehabilitation and Special Education.
The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999:
It has been enacted to provide for the constitution of a body at the National level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities. The trust aims to provide total care to persons with mental retardation and cerebral palsy and also manage the properties bequeathed to the Trust. The Trust strives to enable persons with disability to live independently by:
(a) Promoting measures for their protection in case of death of their parents;
(b) Evolving procedures for appointment of their guardians and trustees;
(c) Facilitating equal opportunities in society.
• The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies, monitoring the implementation of the Act.
• A separate National and State Fund be created to provide financial support to persons with disabilities
• Special Courts will be designated in each district to handle cases concerning the violation of rights of PwDs.
• The New Act will bring our law in line with the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
Programmes Undertaken by Government
Accessible India Campaign:
It aims for the creation of an Accessible Environment for PwDs. It was launched in December 2015. The campaign is based on the principles of the Social Model of Disability, which means disability is caused by the way society is organised and not by the person’s limitations and impairments. The Campaign aims to make a barrier-free and conducive environment for Persons with Disabilities all over the country. The campaign targets three separate verticals for achieving universal accessibility
(a) Built-up environment;
(b) Transportation ecosystem; and
(c) Information and communication Technology (ICT) ecosystem.
Deendayal Disabled Rehabilitation Scheme (DDRS):
It aims to create an enabling environment to ensure equal opportunities, equity, social justice and empowerment of persons with disabilities. Under DDRS, NGOs are provided with financial assistance for running their projects for the rehabilitation of persons with disability. Projects include Special school, preschool and early intervention, Halfway Homes and Community Based Rehabilitation etc.
Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP):
It aims to assist needy disabled persons in procuring durable and scientifically manufactured appliances. It helps promote their physical, social, and psychological rehabilitation by reducing the effects of disabilities and enhancing their economic potential. It is implemented by NGOs, National Institutes under the Ministry of Social Justice & Empowerment, and ALIMCO (a PSU that manufactures artificial limbs).
Indian Sign Language Research and Training Centre:
It promotes the use of sign language and also develops human resources in the field.
National Fellowship for Students with Disabilities (RGMF):
The scheme aims to increase opportunities for students with disabilities to pursue higher education.
National Institute of Mental Health Rehabilitation (NIMHR):
It aims to work towards capacity building in the field of mental health rehabilitation. It also aims to develop community-based rehabilitation protocols for mainstreaming persons with mental illness who have been successfully cured.
Challenges Faced By Person with Disability:
Health:
a) A large number of disabilities are preventable, including those arising from medical issues during birth, maternal conditions, malnutrition, as well as accidents and injuries.
b) However, the health sector especially in rural India has failed to react proactively to disability.
c) Further there are lack of affordable access to proper health care, aids and appliances.
d) Healthcare facilities and poorly trained health workers in rehabilitation centres are another concern.
Social Challenges:
(a) Discrimination and Inequality: They face several types of discrimination e.g., often there is the reluctance to hire PwDs for employment.
(b) Loss of Social Status: Lack of opportunities results in lack of employment, money etc.
(c) Inhuman Treatment: People suffering from mental illness or mental retardation are subject to social exclusion.
(d) Loss of Identity: The identity of PwDs becomes linked with their disability and become a subject of pity.
(e) Negative attitudes held by the families of the disabled, and often the disabled themselves, hinder disabled persons from taking an active part in the family, community or workforce.
Access to Education:
Persons with visual impairment lack education materials for their studies. Children with learning disabilities are shunned and not admitted to schools. There is a lack of special schools and trained teachers for children with learning disabilities. The education system is not inclusive. Inclusion of children with mild to moderate disabilities in regular schools has remained a major challenge.
There are various issues such as the availability of special schools, access to schools, trained teachers, and availability of educational materials for the disabled.
Further, reservations for the disabled in higher educational institutions have not been fulfilled in many instances.
Unemployment:
They have lower employment rates. The private sector is reluctant to hire PwDs due to stereotypes and stigma. It impacts their ability to be financially independent and be self-sufficient. Even though many disabled adults are capable of productive work, disabled adults have far lower employment rates than the general population. The situation is even worse in the private sector, where much less disabled are employed
Accessibility:
Lack of appropriate disabled-friendly physical infrastructure creates accessibility issues e.g., PwDs find it difficult to commute in public transportation or access buildings.
Improper Execution of Policies:
Disability inclusion efforts are hampered by poor execution of policies and programmes.
Inadequate data and statistics:
The lack of rigorous and comparable data and statistics further hinders the inclusion of persons with disabilities. The major issues with the collection of data and measuring disability are:
Difficult to define disability
Coverage: Different purposes require different disability data
Reluctance in reporting disability as disability is considered to be a stigma in many places/societies.
Prevention and Precautions
Preventive health programs need to be strengthened and all children need to be screened at a young age.
Kerala has already started an early prevention programme. Comprehensive Newborn Screening (CNS) programme seeks early identification of deficits in infants and reduces the state's burden of disability.
Awareness:
People with disabilities need to be better integrated into society by overcoming stigma. There should be awareness campaigns to educate and aware people of different kinds of disability. Success stories of people with disabilities can be showcased to inculcate positive attitudes among people.
Accommodation and Inclusion:
There is a need to identify opportunities to better accommodate people with disabilities in Society – like providing better education, equal opportunity in jobs, and initiating them to take an active part in social and political decisions.
Employment:
Disabled adults need to be empowered with employable skills. The private sector needs to be encouraged to employ them.
Better measurement:
The scale of disability in India needs to be better understood by improving the measurement of disability.
Education:
State-wise strategies on education for children with special needs need to be devised. There should be proper teacher training to address the needs of differently-abled children and facilitate their inclusion in regular schools.
Further, there should be more special schools and ensure educational material for differently-abled children.
Access:
Safety measures like road safety, safety in residential areas, public transport system etc, should be taken up. Further, it should be made legally binding to make buildings disabled-friendly.
Policy Interventions:
More budgetary allocation for the welfare of the disabled. There should be disability budgeting in line with the gender budget.
Proper implementation of schemes should be ensured. There should be proper monitoring mechanisms and accountability of public funds.
Personal Experience & Thoughts
As an author and an individual with a disability, it is imperative to draw attention to the existing system and governmental initiatives. While multiple schemes and programs exist for persons with disabilities (PWD), the reality reveals a lack of effective implementation. Hospitals designated for executing these initiatives often fall short in proper management, leaving individuals with disabilities and their parents navigating through a maze of inefficiencies.
The system exhibits notable loopholes that underscore the necessity for a dedicated department ensuring the meticulous implementation of acts and schemes. Presently, a department exists to address issues concerning disabilities, but the proposal advocates for the establishment of an agency—more proactive than merely a redressal entity.
Personal experiences, such as applying for a UDID card, underscore the bureaucratic challenges. The approval process lingers without updates, creating an atmosphere of uncertainty. Additionally, the management of government websites poses a significant hurdle, as despite the multitude of online platforms for various schemes, the ultimate requirement is often an in-person visit to a hospital or medical center.
In the spirit of constructive criticism, the government's commendable response during the pandemic, notably in organizing home vaccination drives, raises the question: Why not extend such considerations to the application processes for government schemes and programs? While not advocating a universal shift, the proposition supports facilitating home-based application procedures for persons with disabilities, who often require not only governmental assistance but also empathetic, courteous, and cooperative engagement.
Another area of criticism is our country's accessibility, especially when we consider India's population as the largest in the world and its economy as the fifth largest. Despite our political leaders' efforts to make India the third-largest economy in the world, we still lag behind in comparison to foreign countries in terms of accessibility, behavior, and respect towards persons with disabilities. If a foreigner with a disability visits Mumbai or any other metro city in India, will they find it accessible?
In Mumbai, there is a good campaign for the Chalo bus, which is a public transport facility. As foreigners love to experience the authenticity of India, they often explore our roads and transport by public vehicles. When I asked the Chalo bus team about their accessibility features, they replied.
Image Source: Twitter I was pleased to see that Vande Bharat has space for a wheelchair in the train, which is a great initiative. However, the disappointment arises when a passenger wants to go to the compartment, as we need to find the ramp with the train authority at the station, which further complicates the issue.
In essence, the call for proper implementation resounds louder than the mere existence of a grievances portal – to the belief that actions speak louder than administrative promises.
Comments
Post a Comment