Disability (need for sensitization and

policy framework)
Persons with disabilities, one of the largest marginalized sections of
the country, with the least active policy framework.
STEPHEN HAWKING
HELLEN KELLER
Oscar Pistorius
RAVINDRA JAIN THE GREAT INDIAN MUSICIAN
IRA SINGHAL, THE 2014 BATCH UPSC TOPPER
What is disability?
United Nations Convention on Rights of Persons with Disabilities
(UNCRPD)
• (Rattification by 158 countries till date)
•
• ARTICLE 1: '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'.
What is the definition in India?
Till 2016, the following legislations governed the disability rights
regime in the country:
• Persons with Disabilities (Equal Opportunities Protection of Rights
and Full Participation) Act, 1995 (“Disabilities Act, 1995”),
• the Mental Health Act, 1987,
• the Rehabilitation Council Act of India
• the National Trust (for welfare of persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple Disabilities) Act, 1999.
Continued
• 7 types of disabilities were included in the Persons with Disabilities
Act 1995
• In the 2016 Act, the same has been broadened to include 21 types
of disabilities.
• Some major inclusions are: Acid Attack victims, intellectual
disabilities and autism.
Number of persons with disabilities in India
• the Census of India (2001) and the 58th Round National Sample
Survey (conducted by the National Sample Survey Organisation of
India) present the respective figures of 2.1 per cent and 1.85 per cent
for persons with disabilities.
• According to the WHO, close to 15% of the world population suffers
some or the other kind of disability.
• The concept is here: politics of disability.
The data
• According to the World Bank, about 50% of the Indian population
believe that disability is a result of some sin from the previous birth
(pichhla janam)
• http://documents.worldbank.org/curated/en/57780146825948668
6/pdf/502090WP0Peopl1Box0342042B01PUBLIC1.pdf

• According to the Census survey, the literacy rate for persons with
disabilities is 59%, compared to 74% for the general population.
• The same for persons with multiple disabilities is a mere 35.8%
Continued
• Despite the promise of universal access to education through the
Sarva Shiksha Abhiyan (Education for All Movement), which
promotes free and compulsory education for all children between
the ages of six and 14, children with special needs form the largest
out-of-school group in India. Some 600,000 (28%) special-needs
children between six and 13 years of age are out of school,
according to the 2014 National Survey of Out of School Children
report, at a time when India has almost universal primary school
enrolment.
Women with disability
• For Females with a disability the World Report on Disability notes that
41.7% completed primary school compared to 52.9% of females without a
disability. Furthermore, in developing countries, the estimated literacy
rates for women with disabilities are reported as being as low as 1%, and
less than 20% of women and girls with disabilities are estimated to receive
rehabilitation services. La
• According to the Census 2011, literacy rate amongst the women with
disability is only 44.6%
Acid Attack Victims
• Parivartan Kendra v. Union of India
• The Supreme Court directed states and Uts to include acid attack
victims in the list of disabilities.
• The first step towards inclusion that later took form of a legislative
provision
Jeeja Ghosh Case
Jeeja Ghosh v. Union of India and anr.
• Delivered by Justice A.K. Sikri, known as the Rockstar Judge for the
disabled community
• Te Court upheld the fundamental right to dignified life for persons
with disabilities in the country.
• Pulled the Airline (Spicejet) for non compliance of accessibility and
equality provisions of the Disability Act.
• Upheld that the rights available to the applicant under Articles 14,
19 and 21 of the constitution were infringed.
• A huge step forward in creating an inclusive society
Section 3(3) of the RPWD Act 2016:

• No person with disability shall be discriminated on the ground of

disability, unless it is shown that the impugned act or omission is a
proportionate means of achieving a legitimate aim.
• The term ‘legitimate aim’is not defined under the act. Left to the
bureaucrats to decide
Delhi rape case 1
• A blind father accused of raping his daughter since she was 6 years old.
The complaint was that the father used to rape his daughter while
bathing her.
• The Court reached to a conclusion that the person did not rape his
daughter. Apart from the legal point of lack of evidence, the court wrote
the following in the order:
• "A blind person cannot give bath to any person and even if he gives bath,
he cannot put his penis between the thighs of any person.

https://www.indiatoday.in/mail-today/story/blind-father-rapist-court-
sexual-assault-345148-2016-10-06
Vaibhav Shukla’s case
• Vaibhav Shukla, a visually impaired student who wasn’t allowed to
appear for his Delhi University entrance test
• The High Court ordered the University to conduct separate exam for
him, and pulled the Railways for creating accessible infrastructure
for persons with disabilities.
Delhi Rape Case 2
• A blind girl was raped, and the police failed to register her
complaint.
• The post mortem report suggested that she was gang-raped, and
she did not know about the perpetrators!
• Her uncle, the sole bread-earner of the family, traumatized by the
incident, committed suicide.
Other Acts to be taken into consideration
Kolkata Mental health institution that keeps its inmates naked, makes them live in filthy
conditions:
https://www.hindustantimes.com/india-news/bengal-mental-asylum-inmates-kept-
naked-sleep-on-dirty-floors-says-ngo/story-tVIeZLEJtuWGjX47CQ8erK.html

Mumbai school, where almost every deaf and mute girl was sexually harassed:
https://mumbaimirror.indiatimes.com/mumbai/cover-story/almost-all-deaf-and-mute-
girls-at-karjat-school-sexually-abused/articleshow/63721841.cms

National Association for Blind, where a British pedophile fulfilled his sexual desires:
https://www.hindustantimes.com/delhi-news/delhi-blind-kids-knew-of-sexual-abuse-
but-stayed-mum-in-awe-of-british-uncle/story-DjE0MfpUbD4C8PxqXOiWCO.html
ACCESSIBILITY MANDATE UNDER THE 2016
ACT

• it requires mandatory conformance to accessibility standards and

recognises that reasonable accommodation and universal design are
critical for facilitating access in an equitable manner and creating an
accessible framework for India going forward.
• Where the previous Act required governments to make facilities
accessible to the extent that it was possible within their economic limits,
thus having provided an exit option for most state governments to avoid
compliance, the new Act makes it amply clear that accessibility is a must
and includes the private sector, private service providers and private
establishments within its ambit for compliance with the Act.
Continued
• Section 41 requires the appropriate government to take suitable measures
for provision of facilities at different transport locations like bus stops,
ticketing counters etc., provision of access to all modes of transport,
accessible roads and development of appropriate schemes to promote
mobility.
• Section 42 requires the appropriate government to ensure that all content
in audio, print and electronic formats are accessible, that there is access to
electronic media for all by providing audio descriptions, sign language and
close captioning and that daily use electronic goods are available in
universal design.
• Section 43 requires the appropriate Government to “take measures to
promote development, production and distribution of universally designed
consumer products and accessories for general use for persons with
disabilities
Continued
• Section 45 requires all public buildings to be made accessible within 5 years of
notification of rules and the formulation of an action plan based on
prioritisation, with special focus on essential services, to be implemented.
• Section 46 requires all service providers, whether government or private, to
make their services accessible within 2 years of notification of rules formulated
in this regard by the Central Government under section 40.
• Section 47 requires the appropriate government to take measures for creating
human resource for the purpose of this Act by providing mandatory training on
disability for Panchayati Raj members, legislators, administrators, police
officials, judges and lawyers, as well as include accessibility and disability as a
component for all schools, colleges and other courses, initiate capacity building
programmes for family members, care givers etc and ensure independence
training for persons with disabilities and conduct training programmes for
sports teachers.
•
SUGAMYA BHARAT ABHIYAN
• In December 2015, the Union Government launched the Accessible
India Campaign or Sugamya Bharat Abhiyan.
• Initially, the Department of Disability Affairs identified approx. 1700
buildings across the country for accessibility audit.
• Accessibility Audits were conducted for 1661 buildings, out of which
only 3% of the buildings are made accessible at the end of 2 years of
the scheme.
• Even the Supreme Court called the government to fulfill the
objectives of the Accessible India Campaign at the earliest.
Isspeshal Band
• India’s first band consisting 6 teenagers with Autism
• Started by Karan Johar, who needs no introduction!
• Known as 6-pack Band 2.0
Lesser known life of well-known figures
• Mr. Arun Shoury’s son has cerebral palsy
• He wrote a book called: Does He Know a Mother's Heart
• The Only Disability in the World is an Ignorant Mind
• Lack of Sight does not mean Lack of Vision
• Disability is a Matter of Perception
• My Ability is Stronger than my Disability
• Eyes are Useless when Mind is Blind
• I can’t Hear but I want my Voice to be Heard
• See the Able, not the Label