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Daily Current Affairs for UPSC

India’s Disability Law

Syllabus - Governance [GS Paper-2]

Context

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

Persons with Disabilities (PWDs)

  • As per United Nations Conventions at the Rights of Persons with Disabilities PWDs consist of those who have long-term physical, mental, intellectual or sensory impairments which in interaction with numerous limitations may also hinder their full and effective participation in society on an identical basis with others.
  • According to the National Family Health Survey, India’s population of persons with a disability has decreased to 1% between 2019 and 2021, from the 2.2% (26.8 million) envisioned by the Indian census in 2011.
  • As per 2011 population census, 20% of people with disabilities in India have a disability in movement, 19% have a disability in seeing, 19% have an incapacity in listening to and 8% have a couple of disabilities.

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

  • The RPWD Act, 2016 gives that “the precise Government shall make certain that the PWD enjoys the right to equality, life with dignity, and admiration 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 responsibilities to the United National Convention at the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
    • The convention was adopted with the aid of the UN General Assembly in December 2006, and entered into force in 2008. India ratified the conference in 2007.
  • Disability has been defined based on an evolving and dynamic concept.
  • The types of disabilities covered are 21 and the Central Government has the electricity to add extra types of disabilities.
    • The Act provides for penalties for offences dedicated against persons with disabilities and also violation of the provisions of the new law.
    • Special Courts can be distinctive in every district to address instances concerning the violation of the rights of PwDs.

Issues or Challenges 

  • Social Stigma: The phrase incapacity is being seen as a social stigma, according to which dad and mom feel ashamed of their children, and in worry maximum of them experience discomfort in public upfront.
  • Institutional Failures: Indian education system and Government establishments both are failing in making arrangements for the welfare for disabled person to an quantity. There have to be right seats for disabled people at lecture rooms as well as at the exam centres.
    • Illiteracy is particularly prevalent among disabled persons and constitutes a double disadvantage. In addition to being disabled, they’re isolated by illiteracy.
  • Unemployment: Disabled persons are the ones who’re scapegoats in getting fired at tenure of recessions. They are first to be discharged from their services whilst cost cutting strategies 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 kingdom has carried out the harmonized hints released in 2021, of their construction by laws.
  • Lack of recognition and duty: 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 moves or projects carried out on behalf of persons with disabilities, even as “by” indicates involvement and participation of persons with disabilities in the process.
  • Formulation of Comprehensive Inclusive Policies: With recognition of addressing particular challenges confronted by people with disabilities that encompasses social, financial, and gender dimensions.
    • The inclusion of individuals with disabilities into the economic system can assist 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 individuals and the private area as a key participant in promoting employment opportunities for persons with disabilities.
    • Opportunities Cafe in Kolkata is administered through 16 teens who’ve intellectual disabilities, who’re educated in hospitality by the cafe itself.
  • Attitudinal Shift and Social Justice: The SPARK undertaking by ILO with Women’s Development Corporation in Maharashtra  has contributed to an attitudinal shift toward PWDs by setting them within the lead and skilled as Disability Inclusion Facilitators (DIFs).
  • Education system: There have to be reforms in Education system to construct a higher society through which disabled persons can face the challenges of existence with courage and judgment of right and wrong. 
  • PWD-pleasant infrastructure: Universal accessibility has to be integrated in the site making plans and detailed working drawings of public as well as private projects.
  • Job-oriented education: Job-oriented education is the need of the time. There should be well trained specialists for schooling who can ignite the minds and educate them to cater the desires of the service enterprise.
    • Vocal and linguistic teachers need to be recruited for the overall well being of the people. 

Government Schemes and Initiatives

  • The Harmonised Guidelines and Standards for Universal Accessibility in India, 2021: These guidelines are an enabling step toward strengthening the national mandate of an Accessible India and a self-reliant India with a vision for a universally accessible and inclusive India.
  • Department of Empowerment of Persons with Disabilities: Understanding the specific needs of Persons with Disabilities (PwDs), the government carved out a special department under the Ministry of Social Justice and Empowerment.
  • ‘Divyang’: With a view to change the societal attitude towards PwDs and to inspire them to participate in the society with no feeling of inferiority, the Prime Minister coined the time period ‘divyang’ to denote PwDs. 
  • Accessible India Campaign: The campaign was launched in 2015 to create a barrier-free environment for divyangjan. The task envisages introduction of ramps, help desks and reachable toilets in public places.
  • Sugamya Bharat: To apprehend the problems of divyangjan, the Government has released the Sugamya Bharat app. The app lets people provide feedback on accessibility issues for PwDs.
  • Unique Disability Identity Project (UDID): The Project is aimed at easing disability certification, while removing fraud in the procedure. 
  • Divya Kala Shakti: It is a scheme of the Government of India to inspire divyangjan to take part in cultural activities.
  • Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) Scheme: Under this programme, the Government presents aids and assistive systems to PwDs.

Conclusion

  • PWDs constitute one of the most susceptible sections of the country. They additionally 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 right sensitization of the network toward the troubles confronted through PwDs, in addition to to put off the social stigma connected to their integration into the society.

Source: The Indian Express

UPSC Mains Practice Question

Q.What are the challenges faced by Persons with Disabilities in India? Highlight the measures taken by the government for the welfare of Persons with Disabilities. (250 words)

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