Syllabus: GS 2 – Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes; Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections.
Context: With 1.3 billion people worldwide experiencing disabilities, existing systems, designed primarily for those without disabilities, often inadvertently marginalize and exclude individuals with disabilities. There is a pressing need for more inclusive design to bridge this gap.
Source: The Hindu | Editorial dated 04- December 2023
Understanding Disability: Definition
- Disability refers to any restriction or lack of ability to perform a normal human activity due to impairment.
- The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) defines persons with disabilities as those with long-term physical, mental, intellectual, or sensory impairments, which, when coupled with barriers, impede their full participation in society.
- It is a significant public health concern, particularly in developing countries like India.
- The International Day of Persons with Disabilities, observed on 3rd December by the United Nations, aims to raise awareness about disability issues globally.
Assessing the Status of Persons with Disabilities in India
- In India, there were approximately 26.8 million persons with disabilities, making up 2.21% of the total population based on the 2011 Census.
- Gender distribution reveals 14.9 million men (2.41%) and 11.9 million women (2.01%) with disabilities.
- Rural areas accommodate 69% (18 million) of persons with disabilities.
- Specific disabilities include:’
- 20% with movement impairments
- 19% with visual impairment
- 19% with hearing impairment
- 8% with multiple disabilities.
- Nationally, 34% of the total disabled population are reported as ‘workers,’ with the highest proportion in Nagaland (around 52%), followed by Sikkim (49%) and Arunachal Pradesh (approximately 45%).
- The highest prevalence of disabilities is observed in the age group 10-19 years, comprising 46.2 lakh people.
- Age distribution shows:
- 17% of the disabled population in the 10-19 years range
- 16% in the 20-29 years range.
- Elderly individuals (60+ years) with disabilities constitute 21% of the total disabled population nationwide.
Globally
- Globally, 1.3 billion people, equivalent to India’s entire population, live with disabilities.
- Of this global total, 80% reside in developing countries.
- Furthermore, 70% of people with disabilities around the world are located in rural areas.
Key Challenges Encountered by Persons with Disabilities
- Discrimination Challenges:
- Continuous discrimination and limited understanding of rights hinder the functioning of persons with disabilities.
- Health Inequities:
- Preventable disabilities persist due to a lack of awareness and limited access to quality medical facilities.
- Discrimination in health, forced sterilization, and institutionalization contribute to health inequities.
- Implementation Gaps:
- Despite initiatives, a lack of disability-friendly infrastructure and significant vacancies in reserved posts.
- Risk Factors and Exclusion:
- Higher susceptibility to non-communicable diseases due to exclusion from public health interventions.
- Discriminatory practices, inaccessible facilities, and insufficient data contribute to health disparities.
- Social Challenges and Discrimination:
- Discrimination, loss of social status, inhuman treatment, and identity issues faced by persons with disabilities.
- Limited Access to Education:
- Lack of materials for visually impaired individuals and exclusion of children with learning disabilities from schools.
- Unemployment Struggles:
- Lower employment rates, reluctance from the private sector, and societal stigma impact financial independence.
- Education and Employment Barriers:
- Limited availability of special schools, trained teachers, and employment opportunities for disabled individuals.
- Political Participation Obstacles:
- Exclusion of persons with disabilities in the political arena, including challenges in voting processes and party politics.
- Accessibility Hurdles:
- Challenges in public transportation and building access due to inadequate disabled-friendly infrastructure.
- Execution of Policies Concerns:
- Disability inclusion efforts hampered by poor policy execution and program implementation.
Constitutional Safeguards for Persons with Disabilities
- Preamble: The Preamble underscores the commitment to securing social, economic, and political justice, ensuring equality of status and opportunity for all citizens.
- Fundamental Rights: All fundamental rights enshrined in the Constitution, rooted in the dignity of the individual, are equally applicable to persons with disabilities.
- Directive Principles: Article 41 emphasizes the State’s responsibility to make effective provisions for the right to work, education, and public assistance, particularly for unemployment, old age, sickness, and disability.
- Article 46: This article mandates the State to promote the educational and economic interests of weaker sections, safeguarding them against social injustice and exploitation.
Key Legal Frameworks Supporting Persons with Disabilities
- Mental Health Act, 2017:
- Focusing on mental healthcare and services while safeguarding the rights of individuals with mental illness.
- Rights of Persons with Disabilities (RPwD) Act, 2016:
- Provisions include increased reservation in government jobs and higher education, emphasizing accessibility in public buildings.
- Rehabilitation Council of India Act, 1992:
- Grants statutory status to the Rehabilitation Council of India (RCI), regulating services for persons with disabilities, standardizing syllabi, and maintaining a central register of qualified professionals.
Rights of Persons with Disabilities Act 2016
- About the Act:
- Enacted to align with the UNCRPD, replacing the outdated 1995 Act.
- Definition and Classification:
- Recognizes 21 types of disabilities, empowering the government to notify additional categories.
- Defines a person with a disability and benchmark disability.
- Acknowledges high support needs requiring intensive assistance.
- Rights and Entitlements:
- Equality and Non-discrimination:
- Prohibits discrimination, ensuring equal protection and opportunities in all aspects of life.
- Women and Children with Disabilities:
- Recognizes special needs, ensuring safety, health, education, and participation.
- Community Life:
- Promotes independent living and community inclusion.
- Establishes community-based rehabilitation programs.
- Protection from Abuse, Violence, and Exploitation:
- Provides mechanisms to prevent and address abuse, violence, and exploitation.
- Mandates reporting of cases to authorities.
- Accessibility:
- Mandates accessibility in various domains.
- Sets time limits for making infrastructure accessible, with penalties for non-compliance.
- Education:
- Ensures free and compulsory education for children with benchmark disabilities.
- Reserves seats in higher education and provides scholarships.
- Employment:
- Reserves posts in government establishments.
- Mandates equal opportunity policies and grievance redressal.
- Social Security:
- Offers various schemes for social security, healthcare, rehabilitation, and recreation.
- Provides insurance schemes for the benefit of persons with disabilities.
- Equality and Non-discrimination:
- Government Responsibility:
- Mandates awareness campaigns, accessibility norms, and human resource development.
- Requires social audit, reasonable accommodation, accessible public buildings and transport, information, communication, assistive devices, rehabilitation services, awareness programs, and sensitization.
- Calls for collecting disaggregated disability data and establishing grievance redressal mechanisms.
Welfare Programs for Persons with Disabilities:
- Accessible India Campaign:
- Launched in December 2015.
- Aims to create a barrier-free environment based on the Social Model of Disability.
- Targets universal accessibility in the built environment, transportation, and information & communication technology.
- Deendayal Disabled Rehabilitation Scheme (DDRS):
- Aims for equal opportunities, equity, social justice, and empowerment.
- NGOs receive financial assistance for projects such as special schools, halfway homes, and community-based rehabilitation.
- Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP):
- Assists disabled individuals in procuring durable and scientifically manufactured appliances.
- Implemented by NGOs, National Institutes, and ALIMCO (a PSU manufacturing artificial limbs).
- Indian Sign Language Research and Training Centre:
- Promotes the use of sign language.
- Aims to develop human resources in the field.
- National Institute of Mental Health Rehabilitation (NIMHR):
- Focuses on capacity building in mental health rehabilitation.
- Aims to develop community-based rehabilitation protocols for mainstreaming persons with successfully cured mental illness.
- Scholarship Schemes:
- Various scholarship schemes at different educational levels for disabled students.
- Provides 5% reservation for disabled individuals in higher education.
The SPARK Project: Transforming Rural Inclusivity
- Collaborators:
- Implemented by the International Labour Organization (ILO) and the International Fund for Agricultural Development (IFAD) in collaboration with the Women’s Development Corporation in Maharashtra.
- Objective:
- Sparks Disability Inclusive Rural Transformation (SPARK) project focuses on empowering persons with disabilities in rural areas.
- Key Initiatives:
- Identification and Training: Persons with disabilities are identified and trained as Disability Inclusion Facilitators (DIFs).
- DIF Engagement: DIFs engage with the community, persons with disabilities, caregivers, women from self-help groups, and other stakeholders.
- Awareness and Inclusion: DIFs raise awareness about disability inclusion and existing barriers.
- Mainstreaming Women with Disabilities:
- Identification and mainstreaming of women with disabilities into existing self-help groups for social and economic development.
- Access to Funds and Entrepreneurship:
- Women with disabilities in self-help groups gain access to funds, enabling them to initiate entrepreneurial endeavors.
- Attitudinal Shift:
- The SPARK project has successfully initiated a positive attitudinal shift toward persons with disabilities at societal and administrative levels.
- Holistic Impact:
- Extending beyond economic development, the project has contributed to a broader societal transformation in attitudes towards disability inclusion.
Way Forward: Addressing Disabilities in India
- Significance in Disability Inclusion:
- The approach to disability inclusion is profoundly influenced by ‘by’ and ‘for’ distinction.
- “For” signifies the role of a recipient in receiving something.
- “By” specifies the identification of the agent actively performing an action.
- Inclusion must be actively led “by” persons with disabilities, involving them in the process.
- Mere actions done “for” them, without their participation, may not achieve genuine inclusion.
- Preventive Actions:
- Scale up the Comprehensive Newborn Screening (CNS) program under the Rashtriya Bal Swasthya Karyakram for early detection and prevention.
- Implement comprehensive newborn screening programs like Kerala’s to identify deficits early.
- Accommodation and Inclusion:
- Identify opportunities for better accommodation in society, including improved education, equal job opportunities, and active participation in social and political decisions.
- Sensitization:
- Overcome stigma by educating and sensitizing society about the challenges faced by Persons with Disabilities (PwDs).
- Promote positive terms like “Divyangjan” coined by the Prime Minister.
- Interventions in Public Policy:
- Allocate a larger portion of the budget for the welfare of disabled people.
- Implement gender-sensitive budgeting and ensure proper monitoring and accountability.
- Community-Based Rehabilitation (CBR) Approach:
- Adopt CBR approaches to maximize physical and mental abilities, ensuring access to services and community integration.
- Increasing Public Awareness:
- Run social campaigns to change attitudes towards disability.
- Encourage positive representations of disabilities in mainstream media.
- Collaboration With States:
- Raise awareness about care for pregnant mothers and improve medical facilities in rural areas.
- Support state governments with fiscal decentralization for effective health sector management.
References:
The Hindu
Office of Chief Commissioner for Persons with Disabilities
Practice Question: Conduct a comprehensive analysis of welfare programs and initiatives targeted at persons with disabilities. Assess the effectiveness of these provisions in addressing the unique needs of persons with disabilities.