HomeMay 2022 EditionInadequate Representation of Persons with Disabilities in Policy Making
May 2022 EditionPolityRights of People with DisabilitySociety

Inadequate Representation of Persons with Disabilities in Policy Making

Deepasree Dey
By Deepasree Dey
193
1916

Ever since the time of the Ramayana and Mahabharata, our society has been skeptical towards people with disabilities. Our epics have taught our society to discriminate against disabled people and preached the message that their condition is because of the sins committed in their past lives. These stories have left a deep impression on the minds of the people, especially in the rural landscape. The negative portrayal of people with disabilities in Indian mythology is often used as an excuse to justify the discriminatory attitude of the society towards them.

Even today, people with disabilities (PWDs) are not only disabled by their bodies but also by society. They are considered to be one of the most marginalized groups in the whole world. They often have higher poverty rates, lower education accomplishments, and less economic engagement than people without disabilities. PWDs often experience a narrow health margin, mostly because of social exclusion and poverty. In order to obtain a disability certificate and other facilities and concessions granted by the government, the following criteria has to be fulfilled – a person must have more than 90% visual impairment, a minimum of 35% mental handicap or disability, and a minimum of 40% disability in case of orthopedic disability. The disability percentage must be between 90 dB & 100 dB in the case of people with hearing impairment[1].

source: Commonwealth Foundation

It is not that there are no laws to protect the rights of PWDs. For instance, India’s Rights of Persons with Disabilities Act, 2016. Although strong and progressive, it merely lists disabilities (from 7 in the past to 21 now) instead of defining disability as an inability to perform certain functions. This Act has also increased the quota of reservation for PWDs from 3% to 5% in higher education institutions and 3% to 4% in government jobs. This looks good on paper however there is no provision to ensure that this legislation is actually being implemented. A lot of posts, both in government services and higher education institutions, continue to lie vacant [2]. Although there is a 3% reservation for PWDs, only 10% of these posts are identified as suitable. Even the quota policy covers only three kinds of disability — visual, hearing, and locomotor. Almost 95% of the government jobs are not open for PWDs. No money has been invested in modifying the workplaces to fit the unique needs of disabled employees. Under the Accessible India Campaign, the government has instructed all ministries to make their buildings accessible to PWDs, however, even now, most buildings in India are not disability-friendly and therefore violating their right to movement. Even the courts are not accessible to PWDs. CJI’s report of 2021 found that out of the 6,000 trial courts surveyed, as many as 67% were inaccessible for people with disabilities. However, no comprehensive policy or guidelines has been provided to make court complexes accessible[3].

Voters with disabilities often face several difficulties (such as unavailability of voting mechanisms for the visually or audibly impaired and so on). Although PWDs are allowed to take a companion to assist them, this process fails to grant them full rights to vote by depriving them of autonomy and secrecy.

source: Election Access

These problems arise due to the lack of political representation of the community. It is rather shocking that until the 1980s, PWDs were simply excluded from the population census. The 1981 census included information on only three types of disabilities, an utterly inadequate semblance of inclusion. PWDs were again totally left out from the 1991 census. Due to the growing demand by PWDs, a question on disability was finally included in the 2001 census questionnaire[4]. The national policy is nearly silent on the civil and political rights of PWDs. There is still no state-level disability policy in place yet. This is because all the laws regarding PWDs are drafted by able-bodied people who rarely understand the challenges faced by PWDs and feel that they are not competent enough. As a result, they make one-sided judgments about the limitations and limited abilities of the PWDs.

More than a decade ago India had ratified the United Nations Convention for the Rights of Persons with Disabilities (2007), which laid emphasis on giving opportunities to PWDs to be actively involved in decision-making processes about policies and programs, including those directly concerning them, but are the representatives of PWDs actually actively included in the policy-making processes?[5] The answer is no. There is negligible or no representation of PWDs in legal or policy-making institutions. No political leader in India has represented the disability sector. People with certain physical disabilities are barred from contesting in local elections while those with psychosocial and intellectual disabilities are barred from even voting in state and national level elections[6]. In the seven decades following India’s independence, we have had just four parliamentarians and six state assembly members who suffer from visible disabilities. The government has even legislated to render people suffering from cerebral palsy ineligible for the Indian Foreign Service. This suggests that PWDs are unfit to serve their country with loyalty, devotion, and strength is, therefore, an insult to them, as well as to any Indian who wishes to see their fellow citizens treated equally, regardless of their physical condition[7]. The Supreme Court stated in its verdict that people with hearing or visual impairments of more than 40-50% are not eligible to become judges in the courts of India. Even the guidelines of the health ministry states that people with locomotor disabilities beyond 80% cannot practice MBBS. These guidelines are unreasonable as they have been issued by able-bodied people who fail to realize that if given a chance, PWDs can perform their tasks at par with any other able-bodied person[8]. As has been rightly said by Professor Lisa Schur, co-director of the Program for Disability Research in the Rutgers School of Management and Labor Relations, PWDs cannot achieve equality unless they are a part of the government’s decision-making process. To be true, the laws promise PWDS equality and accessibility but the practices deny it[9].

source: NewsBharati

There have been vast positive changes in the perception and attitude of society towards persons with disabilities in recent years. It has been realized that if given equal opportunities and effective access to rehabilitation measures, a majority of PWDs can lead a better quality of life. It should be realized that at this stage, the social rehabilitation of PWDs is more important than medical rehabilitation. They are a vulnerable section of the society whose rights can be easily violated. Therefore, the government needs to introduce more extensive provisions to safeguard the rights of PWDs. It is imperative to include PWDs in the processes of lawmaking because only they can perceive disability and frame inclusive laws that will meet the purpose of equality and fairness guaranteed by the constitution.

Bibliography

Bhatheja , Anchal. “Who Makes the Law for People with Disabilities?” Live Wire, 5 Aug. 2019, https://livewire.thewire.in/personal/who-makes-the-law-for-people-with-disabilities/

 “Disability Certificate: All You Need to Know.” WeCapable, March 2, 2021, https://wecapable.com/disability-certificate/

 “India Has a Long Road Ahead to Combat Challenges Faced by Persons with Disabilities.” The Wire, https://thewire.in/health/persons-with-disabilities-challenges-india

Jha , Martand. “The History of India’s Disability Rights Movement.” – The Diplomat, 21 Dec. 2016, https://thediplomat.com/2016/12/the-history-of-indias-disability-rights-movement/

Malhotra, Nipun. “India’s Disability Law Is a Step Forward for Rights of Disabled When It Could Have Been a Giant Leap.” Scroll.in, Scroll.in, 19 Dec. 2016, https://amp.scroll.in/article/824527/indias-disability-law-is-a-step-forward-for-rights-of-disabled-when-it-could-have-been-a-giant-leap.

“Politics and People with Disabilities: How the Law Remains a Barrier against Democracy.” The News Minute, 28 May 2021, https://www.thenewsminute.com/article/politics-and-people-disabilities-how-law-remains-barrier-against-democracy-83113

Tharoor, Shashi. “Law Promises People with Disabilities Equality of Opportunity and Accessibility, but Our Practices Deny Them That.” The Indian Express, 3 Dec. 2020, https://indianexpress.com/article/opinion/columns/international-day-of-persons-with-disabilities-united-nations-india-7078236/

Tripathy, Shreya, et al. “India Must Build, Re-Build Its Courts for Disabled. Judicial Infra Key to Justice Delivery.” ThePrint, 1 Nov. 2021, https://theprint.in/opinion/india-must-build-re-build-its-courts-for-disabled-judicial-infra-key-to-justice-delivery/756058/

[1]“Disability Certificate: All You Need to Know.” WeCapable, March 2, 2021, https://wecapable.com/disability-certificate/

[2]“India Has a Long Road Ahead to Combat Challenges Faced by Persons with Disabilities.” The Wire,  https://thewire.in/health/persons-with-disabilities-challenges-india

[3]Tripathy, Shreya, et al. “India Must Build, Re-Build Its Courts for Disabled. Judicial Infra Key to Justice Delivery.” ThePrint, 1 Nov. 2021, https://theprint.in/opinion/india-must-build-re-build-its-courts-for-disabled-judicial-infra-key-to-justice-delivery/756058/

[4]Jha , Martand. “The History of India’s Disability Rights Movement.” – The Diplomat, 21 Dec. 2016, https://thediplomat.com/2016/12/the-history-of-indias-disability-rights-movement/

[5]Malhotra, Nipun. “India’s Disability Law Is a Step Forward for Rights of Disabled When It Could Have Been a Giant Leap.” Scroll.in, Scroll.in, 19 Dec. 2016, https://amp.scroll.in/article/824527/indias-disability-law-is-a-step-forward-for-rights-of-disabled-when-it-could-have-been-a-giant-leap.

[6]“Politics and People with Disabilities: How the Law Remains a Barrier against Democracy.” The News Minute, 28 May 2021, https://www.thenewsminute.com/article/politics-and-people-disabilities-how-law-remains-barrier-against-democracy-83113

[7]Tharoor, Shashi. “Law Promises People with Disabilities Equality of Opportunity and Accessibility, but Our Practices Deny Them That.” The Indian Express, 3 Dec. 2020, https://indianexpress.com/article/opinion/columns/international-day-of-persons-with-disabilities-united-nations-india-7078236/

[8]Bhatheja , Anchal. “Who Makes the Law for People with Disabilities?” Live Wire, 5 Aug. 2019,  https://livewire.thewire.in/personal/who-makes-the-law-for-people-with-disabilities/

[9]Tharoor, Shashi. “Law Promises People with Disabilities Equality of Opportunity and Accessibility, but Our Practices Deny Them That.” https://indianexpress.com/article/opinion/columns/international-day-of-persons-with-disabilities-united-nations-india-7078236/

Deepasree Dey
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  181. I additionally believe that mesothelioma is a extraordinary form of cancer that is commonly found in people previously exposed to asbestos. Cancerous tissues form in the mesothelium, which is a protective lining which covers most of the body’s areas. These cells generally form from the lining from the lungs, stomach, or the sac which actually encircles one’s heart. Thanks for discussing your ideas.

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  186. Thanks for the ideas you share through your blog. In addition, lots of young women which become pregnant don’t even try to get medical insurance because they fear they couldn’t qualify. Although a few states now require that insurers give coverage irrespective of the pre-existing conditions. Charges on most of these guaranteed plans are usually bigger, but when with the high cost of health care bills it may be the safer route to take to protect a person’s financial potential.

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