Persons With Disabilities

IN NEWS:

• The Central Public Works Department (CPWD) has released the “Harmonised Guidelines and Standards for Universal Accessibility in India 2021”.

DISABILITY:

• The UN Convention on the Rights of Persons (UNCRPD) recognises that ‘disability is an evolving concept’.
• As per the convention “Persons with disabilities 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”.

MAJOR CAUSES OF DISABILITIES:

• Diseases:
  • Communicable diseases such as lymphatic filariasis, chronic diseases such as diabetes, musculoskeletal problems, genetic disorders and neurological consequences of some diseases such as encephalitis contribute to disability.
• Poverty:
  • There is a correlation between ‘disability’ and ‘poverty’. Inadequate shelter, unhygienic living conditions, lack of sanitation and clean drinking water combined with poor access to health facilities lead to disability.
• Malnutrition:
  • Deficiency of nutrients such as vitamins, especially in the early ages of growth is a major contributing factor to physical and cognitive disabilities.
• Occupational hazards:
  • Outdated technology, low standards of safety and hazardous working conditions can result in disabilities, which are predominantly physical in nature.
• Wars and crimes:
  • War has been the single largest factor responsible for causing permanent disablement. Violent crimes also create disabilities. The Bhagalpur blinding case in India is a well-known and documented illustration of this menace.
• Traffic hazards:
  • Unplanned cities with narrow roads, rapid growth in number of vehicles and disregard of traffic regulations have been responsible for increasing the number of road accidents and disabilities in India.

MODELS OF DISABILITY:

Different models of disability inform how disability is understood and acted upon, and can be categorised as follows:

1. Religious or Moral Model:
   • Under this model, disability was considered as punishment from God for the wrong Karma done in the past.
   • Thus, persons with disabilities were treated as alien. They are not entitled for any right to education, social life and employment available other members of the society.
2. Medical Model: 
   • This model, also referred to as bio-centric model of disability, relies on a purely medical definition of disability. From a policy viewpoint, the person with disability is viewed as the problem, and in need of cure and treatment.
   • In terms of services, the general approach within this model is towards special institutions for people with disabilities, e.g. special schools, sheltered workshops, special transport etc.
3. Charity Model:
   • This model also views the person with disabilities as the problem and dependent on the sympathy of others to provide assistance in a charity or welfare. This model treats the disabled as dependent upon the society.
4. Social Model:
   • The advocates of social relations model insists that the society as a whole has the responsibility to eliminate social and physical structures that exclude people with disabilities in having access to opportunities.
   • This model also emphasizes the concept of “independent living” which means that the disabled persons are the best judge about their own concern and are full citizens with equal civil rights.
5. Rights-Based Model:
   • This model seeks to promote the creation of communities which accept diversities and differences, and have a non-discriminating environment in terms of inclusion in all aspects of the life of society.
   • This model regards disability as normal aspect and that all human beings irrespective of their disability have certain rights which are inalienable.
6. Economic Model:
   • The economic model of disability tries to establish the linkages between the individual and society in term of their contribution to productive capabilities towards the society.
   • Unlike other models, economic model suggests that the modifications in the persons in the form of education, training and employability, rather than changing the work environment or changes in the perception of employees is the most desirable means.

DISABLED POPULATION IN INDIA:

• In India, as per Census 2011, 2.68 Cr persons are disabled which is 2.21% of the total population. These include persons with Visual, Hearing, Speech & Locomotive disability, mental retardation, mental illness, multiple disability and any other disabilities.
• A higher proportion of men were disabled in India compared with women, and disability was more prevalent in rural areas than in urban areas. Among the disabled population 56% (1.5 Cr) are males and 44% (1.18 Cr) are females.

PROVISIONS FOR THE DISABLED:

I. CONSTITUTIONAL:

• Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
• The subject of ‘relief of the disabled and unemployable’ is specified in State List of the Seventh Schedule.
• Reservations are made for disabled people in education, public employment and promotions. This is carried out based on the criteria of "Person with benchmark disability". These reservations are called horizontal reservations, which cuts across all vertical categories such as SC, ST, OBC & General.. LEGI
• Right of Persons with Disabilities Act, 2016
  • The act was created to fulfill India’s obligation to UNCRPD, which it signed in 2007. It replaced the Persons with Disability Act, 1995.
  • Features:
    • It covers 21 types of disabilities, which includes 3 types of blood disorders and acid attack victims. The Central Government will have power to add more types of disabilities in this list.
    • Increased the reservation quota from 3% to 4%.
    • Proposes that every child with disability gets free education from the age of 6 to 18.
    • Central & State Advisory Boards on Disability are to be set up to serve as apex policy-making bodies at the Central and State level.
    • State Governments will constitute district-level committees to address the local issues of disabled persons.
    • Special courts in each district will be established to handle cases pertaining to the violation of the rights of PwDs. The act prescribes penalties for offences committed against persons with disabilities
    • Office of Chief Commissioner and the Office of State Commissioners of Persons with Disabilities have been given more powers.

III. ADMINISTRATIVE:

• Ministry of Social Justice & Empowerment
  • It is the nodal ministry responsible for welfare, social justice and empowerment of disadvantaged and marginalised sections of society, including scheduled castes (SC), Other Backward Classes (OBC), the disabled, the elderly, and the victims of drug abuse.
  • It has a separate Department of Empowerment of Persons with Disabilities (DEPwD)
• Chief Commissioner for Persons with Disabilities:
  • It is the government agency mandated to take steps to safeguard the rights of persons with disabilities.
  • It was set up under the Persons with Disabilities (PWD) Act, 1995 and works under the Ministry of Social Justice and Empowerment of Government of India.
  • The Chief Commissioner monitor the utilization of funds disbursed by the Central Government, coordinates work of the State Commissioners and is vested with the power of a civil court.

IV. POLICY MEASURES:

• National Policy for Persons with Disabilities, 2006
  • It recognizes that Persons with Disabilities are valuable human resource for the country and seeks to create an environment that provides them equal opportunities, protection of their rights and full participation in society.
  • Its focal areas include Prevention of Disabilities, Rehabilitation Measures, Women and children with disabilities, Barrier-free environment, Collection of regular information and research towards the well-being of disabled population.
• Accessible India Campaign:
  • Department of Empowerment of Persons with Disabilities (DEPwD) launched Accessible India Campaign (Sugamya Bharat Abhiyan) for achieving universal accessibility for Persons with Disabilities (PwDs). 
  • It has three important components:
    • Built Environment Accessibility: Measures will be undertaken to eliminate obstacles and barriers to facilities including schools, medical facilities, public spaces and workplaces.
    • Transportation System Accessibility: which includes enhancing the proportion of accessible airports, railway stations and public transport systems.
    • Information and Communication Eco-System Accessibility: which include enhancing the proportion of accessible and usable public documents and websites, Enhancing the pool of sign language interpreters etc.
• Harmonised Guidelines and Standards for Universal Accessibility in India 2021:
  • The guidelines are a revision of the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons released by the CPWD in February 2016.
  • The new guidelines are focusing on universal accessibility. It deals with the wide-ranging accessibility needs of persons with disabilities, the elderly, women, children, and all others through the universal design approach.
  • Government departments, development authorities, Municipal bodies, Private sectors, NGOs, Corporates amongst all others engaged in the built environment process shall require to follow these guidelines.
• Other schemes:
  • Sugamya Pustakalaya:
    • It is an online library that contains books accessible to the blind, people with low vision or to persons with any other print disability. The library houses publications across diverse subjects and languages and multiple accessible formats.
  • Assistance to Disabled Persons for Purchase/fitting of Aids and Appliances (ADIP) scheme
  • National Fellowship for Students with Disabilities (RGMF)
  • Support for athletes competing in the Paralympics
  • The prestigious Padma Awards for 2021 have recognised achievements by people with disabilities across diverse fields.
  • Deendayal Disabled Rehabilitation Scheme to create an enabling environment to ensure equal opportunities, equity, social justice and empowerment of persons with disabilities.
  • Badhte Kadam: aims at community awareness, sensitisation, social integration and mainstreaming of Persons with Disabilities.
  • Unique ID for Persons with Disabilities project to enable the PwDs to obtain the new UDID card / Disability Certificate to avail schemes and benefits.
  • Scheme of National Scholarship for Persons with Disabilities
  • Indira Gandhi National Disability Pension Scheme

IV. INTERNATIONAL INITIATIVES:

• Convention on the Rights of Persons with Disabilities:
  • It is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. It is the only UN human rights instrument with an explicit sustainable development dimension.
  • India ratified the convention in 2007.
• International Day of Persons with Disabilities:
  • Since 1992, December 3 is observed by the United Nations as the the International Day of Persons with Disabilities (IDPD).
  • The theme for IDPD 2019 was 'Promoting the participation of persons with disabilities and their leadership: taking action on the 2030 Development Agenda’.
• The 2030 Agenda for Sustainable Development pledges to “leave no one behind”. It states that persons with disabilities must be both “beneficiaries and agents of change”.

CHALLENGES FACED BY DISABLED IN INDIA:

• Social exclusion:
  • Many consider persons with disabilities as a liability. This attitude arises out of misconceptions, stereotypes and folklore linking disability to punishment for past sins. This leads to discrimination and harassment, which in turn results in their lack of pro-active participation in the society.
• Charity based approach:
  • The disabled persons continue to be under the care group of the government's development agenda rather than the aspirational group.
• Limited accessibility:
  • Despite the government’s efforts under the Accessible India Campaign, most buildings in India are not disability-friendly.
  • The same can be said about the digital space. Standards for websites, electronic documents and other digital content that makes it easy to access are rarely adhered to.
• Poor Health outcomes:
  • The poor status of maternal and infant health in India continues to create cases of preventable disabilities. Also, the lack of access to proper health care, affordable aids and appliances and lack of social security forces the disabled to live within the cycle of poverty.
• Education:
  • Literacy among persons with disabilities of age 7 years and above is 52.2 %, which is well below the national average of 74%. A large number of children with disabilities (CWDs) drop out because institutions have failed to accommodate their needs.
• Lack of insurance coverage:
  • Insurance companies are hesitant to provide medical insurance to people with disabilities.
• Abysmal policy implementation:
  • Despite having legislations guaranteeing reservation, a number of posts, especially in group A and group B services in the government, continue to lie vacant.
  • The same in higher education institutions. Data from the National Centre for Promotion of Employment for Disabled People show that 84% of seats for persons with disabilities lie vacant in top universities.
• Inadequate data and statistics:
  • The lack of rigorous and comparable data and statistics, and lack of evidence on programmes that work, impedes the understanding and formulation of policies for the disabled.

WAY FORWARD:

• Rights based approach:
  • There is an urgent need to move away from the ‘charity-based approach’ to the ‘rights-based approach’. The disabled must be made active participants in the welfare measures rather than mere recipients.
• Preventive healthcare:
  • A number of disabilities in India can be avoided and prevented by improving the medical care during pre-natal, natal and post-natal conditions. For this, the state governments need to invest heavily in their health sector.
• Technological support:
  • Functional, high-quality devices that are also affordable can help users to live a more comfortable and independent lives. Startups working in the field of rehabilitation should be encouraged and supported to cater to this market. Increased awareness and support from the government and NGOs for such devices are also necessary for better adoption.
• Convergence of initiatives:
  • The government should look into converging the objectives of its flagship schemes with the objectives of accessible India campaign. For instance, converging the objectives of Digital India campaign and Smart Cities Mission with Accessible India campaign can greatly improve accessibility and go a long way in creating disabled-friendly infrastructure.
• Diversify funding:
  • Governments must look into collaborating with startups, NGOs and encouraging CSR funding to develop disabled friendly environment, such as retrofitting of existing buildings and creation of accessible cyber space.  
• A nationwide campaign to tackle social stigma:
  • Involving various stakeholders including communities, NGOs, technology/data firms and private healthcare players with evidence-based tracking and pivoting is needed to change the perception against disabled.

BEST PRACTICE: KERALA

• Kerala was chosen as the 'best state in promoting empowerment of persons with disabilities' in the country for year 2019.
• Kerala was also the first state to conduct a census of its own called Kerala Disability Census. Through various organisations under the Social Justice Department such as Kerala Social Security Mission and Kerala State Handicapped Persons Welfare Corporation, Kerala implemented various development programmes for differently-abled people.
• These include barrier-free Kerala program for easy commute, consolidated educational programs, ensuring education of all differently-abled children, educational scholarships and self-defence programs.

SUCCESS STORY: Suhas Yatiraj IAS

• Suhas L Yathiraj scripted history by becoming the first IAS officer to win a medal at the Tokyo Paralympics.
• The Karnataka-born engineer has been at the forefront of Covid-19 management in Noida's Gautam Budh Nagar.
• Yathiraj began professional badminton as recently as 2016 when he was the district magistrate of Azamgarh district. Through his dedisaction, he has won medals at the Asian Championships in Beijing, Japan Open and Turkish Open.

PRACTICE QUESTION:

Q. Despite the changing perception regarding disability, India has a long road ahead in combating the challenges faced by Persons with Disabilities. Discuss?