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History of the Struggle for the Rights of the Disabled

Bhawna Bisht
By Bhawna Bisht
174
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source: cdn.pixabay.com/

The history of the struggle of the disabled didn’t begin in the 20th century. The struggle goes back a long way. To begin with, in retrospect, there’s an extensive history of discrimination, abuse, lack of empathy, and compassion when it comes to the treatment of people with disabilities, reflecting our own hostile and neglectful approach.  

Within the Indian subcontinent, the understanding of disability has been coloured by its perception of dominant religions like Hinduism. The concept of disability was frequently explained in Hinduism as being “sent by diety, fate or karma; often associated with parental or personal sin”. https://journal.cjgh.org/index.php/cjgh/article/view/250/707

For instance, in the Hindu epic The Mahabharata, King Dhritarashtra is made blind by the god because in his previous life he spitefully blinded a swan. Furthermore, women with disabilities received worse treatment than men in the Hindu scriptures and were often viewed upon as evil. For example, Manthara, servant of Rani Kaikeyi in Ramayana, who has a hunchback, is depicted as manipulative and evil. .

History has revealed that we often stigmatized those who are not like us, resulting in various social evils like racial segregation, discrimination, caste oppression, and disenfranchisement. Similarly, the treatment of disabled individuals as “invalids” has led to a denial of their basic rights and access to public and personal spaces. Thus, the struggle for the rights of the disabled, which was led by these “unheard excluded voices” aimed at changes in policy, constitution, and law, and was underpinned by the desire for equality and honour. In trying to trace this struggle, we need to study why and how the disabled movement started, the challenges and prejudices it faced, and its contradictions. 

source: www.thenewsminute.com

Definitions of Disability 

At the outset, it is imperative that we examine the available definitions of ‘disability’ and related terms. In 1980, the World Health Organisation  (WHO) defined ‘disability’ as – “any restriction or lack resulting from an impairment of the ability to perform an activity which is considered normal for human beings. Eg- unable to walk around or think/behave/feel”. ‘Impairment’ here has been defined as –  “any loss or abnormality of a psychological, physiological or anatomical structure or function”. For eg- loss of a limb or mental illness. Additionally, ‘handicap’ has been explained as “a disadvantage for a given individual that limits or prevents the fulfillment of a role that is normal”. Eg- unable to contribute to society by being a normal human.

This is because the purpose of the definitions was to determine who can be considered a ‘disabled’ person. The inefficacy of the World Health Organization in dealing with legal provisions is arguably evident, but the idea of inclusivity and protection which is envisioned through these definitions should not be neglected 

Nevertheless, there was a transition in the definitions available. In 2001, the American Medical Association coined a new definition- “An alteration of an individual’s capacity to meet personal, social or occupational demands because of an impairment”. This definition was unique in the sense that it was conscious of the more nuanced impacts of disabilities – social, occupational, or/and personal needs and the inability to meet them. However, both definitions were unable to acknowledge the complex nature of the functionalities of a physically challenged person. 

The United Nations Convention on the Rights of Person with Disabilities (UNCRPD) claimed that the rights of people with disabilities were a topic of human rights. Further, a newer definition was adopted with regard to ‘disability’ – “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”. 

The aforementioned definition was able to highlight the “Attitudinal” and “Environmental” barriers that exist in a disabled person’s life, emphasizing more the “impairments” of society, rather than the “handicap” of the disabled. Attitudinal barriers relate to behavioural assumptions that discriminate against people with disabilities, and environmental barriers refer to the lack of accessibility features like ramps and lifts in architectural structures. 

http://apps.who.int/iris/bitstream/handle/10665/41003/9241541261_eng.pdf;jsessionid=D344FD3D07B469C239292957420F1D13?sequence=1

source: encrypted-tbn0.gstatic.com

Legal Provisions 

The 1980s saw an ameliorated participation by non-governmental organizations at the community level in India. Several factors upsurged the rise of the disabled movement, one of them being international pressure and organizational support. To this effect, the Americans with Disabilities Act (ADA) of 1973 prohibited discrimination against people with disabilities in several areas, including employment, transportation, public accommodation, and services.       

Following this example, in India, the PWD (person with Disability)  Act of 1995 was passed. The act created provisions for equal opportunities by providing the right to free education till the age of 18 years and the reservation of 3% of vacancies in government jobs. Despite this, PWDs continued to have poor health conditions, high poverty, and literacy rate as a result of discrimination, and lack of moral support.

Hence, acknowledging the need for reform, the Rights of Person with Disabilities (RPWD) Act was passed in 2016 and came into force in 2017, introducing specific provisions for physical disability, intellectual disability, mental illness,  and multiple other disabilities. It also bestowed the onus of ensuring better access of PWDs to legal relief upon the Central and State governments. https://disabilityaffairs.gov.in/content/page/acts.php

Sexuality and Disability

What has also become an essential part of the conversation about the rights and desires of the PWDS has been their identity as sexual beings. American film director Nicole Newnham and James Lebrecht’s documentary ‘Crip Camp’ and Indian film director Shonali Bose’s, ‘Margarita with a Straw’ portrayed the angles of sexual desires felt by persons with disabilities,  and the resulting prejudice faced by them. These movies managed to express those disabilities that don’t alter the desire for sexual pleasure, which is a basic human need. 

Victim of Sexual Abuse

In independent India, every individual is granted fundamental rights to protect and ensure the dignity of the individual and help every human being to develop their character to its comprehensive extent. Being born with a disability and relying on someone to carry you around comes with lots of dependencies, no doubt they are competent. Mobility impairment or wheelchair-boundness, blindness, psychosocial disability, etc can make any person reliant which resulted in sexual abuse, and sometimes they are regarded as incapable of testifying on grounds of a disability. On contrary, there are laws such as the Rights of Persons with Disabilities (RPwD) Act of 2016 and the Protection of Children from Sexual Offences (POCSO) Act of 2012, and the lack of data about sexual abuse cramped the growth of our civilised society. 

Larger Debate 

Despite legal provisions and government relaxation, we still see the persistent struggle of the PWDs. So, the question arises, where are we lacking? The problem is still at the core of society as we do not see them equally. Their portrayal in movies as “sick” or even “evil” has a long-lasting impact on the minds of people, especially children, for whom it creates a sense of fear against disabled people. Hence, we must acknowledge and understand that the persistence of such portrayals will only worsen the discrimination of PWDs, and is a hindrance to their social and personal growth.

Bhawna Bisht
+ posts

Bhawna Bisht, a history student intrigued by the events of the past and keen on exploring various aspects of history. An avid collector of antiques and a teacher to underprivileged children.

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  168. I have noticed that repairing credit activity has to be conducted with techniques. If not, you will probably find yourself endangering your standing. In order to grow into success fixing your credit history you have to be careful that from this second you pay all of your monthly fees promptly before their booked date. It’s really significant simply because by never accomplishing that area, all other methods that you will decide on to improve your credit position will not be helpful. Thanks for sharing your suggestions.

  171. Thanks for expressing your ideas. I’d also like to say that video games have been at any time evolving. Modern technology and improvements have made it easier to create sensible and enjoyable games. These types of entertainment video games were not really sensible when the real concept was first being attempted. Just like other styles of technologies, video games also have had to advance by way of many decades. This is testimony on the fast progression of video games.

  174. An impressive share, I simply given this onto a colleague who was doing a little bit evaluation on this. And he the truth is bought me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to debate this, I really feel strongly about it and love reading extra on this topic. If potential, as you change into expertise, would you mind updating your weblog with more details? It is extremely useful for me. Massive thumb up for this blog post!

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