NEWS HIGHLIHTS
Theme : Government Policies & Intervention
Paper : GS - 2
India is a signatory to The Coanvention on the Rights of Persons with Disabilities. However, in 2020, a United Nations report indicated that 44% of the indicators are not followed by the countries in the Asia-Pacific region.Narrowing it to India, the access to justice and the right to be inclusive is a challenge because India has stringent requirements for being classified as “disabled”, which needs to be addressed.
TABLE OF CONTENT
- Context
- United Nations View on Disability
- Constitutional Provisions Regarding Disability
- Challenges for PwDs In India
- Road Ahead
Context : India is a signatory to The Convention on the Rights of Persons with Disabilities. However, in 2020, a United Nations report indicated that 44% of the indicators are not followed by the countries in the Asia-Pacific region.Narrowing it to India, the access to justice and the right to be inclusive is a challenge because India has stringent requirements for being classified as “disabled”, which needs to be addressed.
United Nations View on Disability :
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The Preamble to the Convention on the Rights of Persons with Disabilities (CRPD) 2006, adopted by the United Nations, describes disability by stating that:
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Disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others.
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The expression of the UN reflects a shift from a medical model to a social model of disability.
Constitutional Provisions Regarding Disability :
- Fundamental Right to Equality Dignity: Equality and Dignity of the individual is a fundamental notion behind all the fundamental rights guaranteed under part III of the Constitution of India, that protects the rights of the disabled.
- Directive Principle of State Policy: Article 41 of Constitution of India declares that the State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.
- Article 46 lays down an obligation on the State to promote with special care the educational and economic interests of the weaker sections of the people, and protect them from social injustice and all forms of exploitation.
- Legislative Power: Indian Constitution while distributing legislative powers between the Centre and States kept the disability issue in the State list.
Challenges for PwDs In India :
- Denying Recognition, Depriving Development: The complexity of the recognition of a disability not only makes us in India lag in the international scales of human development, but also makes a person hesitant to approach the judiciary and the bureaucracy to determine their access to health care and welfare.
- Lack of Infrastructural Access: Lack of infrastructure like sanitation, stair-case, ramps, canteens and recreation rooms, separate wash rooms, garden areas, faced by the disabled.
- Treated with Sympathy Rather than Empathy: Insensitivity among peers, and teachers, access to inclusive education, institutionalization of rights are some of the major concerns often raised by the PwD candidates which are somehow acknowledged but not acted upon. As a result, people with disabilities encounter discrimination from various walks of life.
- Lack of Timely Survey and Policy Delay: The Rights of Persons with Disabilities Act, 2016 mandates a survey of school going children every five years for identifying children with disabilities, ascertaining their special needs and the extent to which these are being met.
- Lack of Inclusive Education: During the lockdown imposed due to Covid-19, many children with disabilities faced the wrath of a pandemic. With public participation rounding to zero, they struggled to find scribes and sign language interpreters to continue their studies.
- Lack of Job Security: Unemployment being one of major factors as at such times disabled persons are the ones who are scapegoats in getting fired at tenure of recessions.
Road Ahead :
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Transparency in Budgeting and Planning: Disability Response Planning should be the part of budgeting by all ministries.
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Recognising Indian Sign Language : Making ISL (Indian Sign Language) interpreters should be mandatory in all official communication where disabled are involved.
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Universal Design for Learning: It is necessary to take into account all the features of the neuropsychological, cognitive and emotional profile of the child when planning and delivering a lesson in schools.UNESCO has suggested in its report on Understanding the impact of Covid-19 on learners with disabilities that:
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Tackling Social Disability: Disability is considered to be a social stigma in society which needs to be improvised. Disability is nothing but impairment in the mind of people rather than being impaired by limbs.
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The problem lies when the society sees differently abled people as a liability or a charity case.
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The entire concept of the ‘special kids’ term used for us is flawed. No person with a disability wants to be treated exceptionally. All we need is sensitisation towards their basic needs.
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Therefore, their right should be recognised as a mandatory step and not at the goodwill of others.
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Adopting Transdisciplinary Approach: We need to create awareness and capacity building at various levels.Awareness at family level, Sensitization at the community level and capacity of government frontline workers and professionals.
FAQs :
1. What is Article - 46 of the Constitution ?
Answer : Article 46 lays down an obligation on the State to promote with special care the educational and economic interests of the weaker sections of the people, and protect them from social injustice and all forms of exploitation.
2. What is Article - 41 of the Constitution ?
Answer : Article 41 of Constitution of India declares that the State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.