Inclusion of Person with Disabilities

International Day of Persons with Disabilities (IDPD) is observed annually on December 3rd.

Challenges faced by Persons with Disabilities

• Discrimination and Inequality: PwDs experience various forms of discrimination, including reluctance by employers to hire them, leading to limited employment opportunities.
  • This discrimination hampers their social and economic integration, contributing to inequality.
• Loss of Social Status: Limited opportunities for education and employment can result in PwDs experiencing a loss of social status.
  • The lack of financial independence and inadequate access to resources especially health and support networks further exacerbate this issue.
• Inhuman Treatment: PwDs, especially those with mental illness or mental retardation, often face social exclusion and inhumane treatment.
  • Stigma and misunderstanding surrounding mental health contribute to their marginalization within society.
• Accessibility: Infrastructure and services, including schools, public transport, and healthcare facilities, remain inaccessible to persons with disabilities.
  • g., Only 3% of buildings in India were found to be fully accessible (according to a 2018 report by the Department of Empowerment of Persons with Disabilities).
• Digital Divide: Many PwDs are left behind due to inaccessible digital platforms and technologies.
  • g., 98% of websites fail to comply with accessibility requirements for PWDs (2020 Web Accessibility Annual Report).
• Access to Education: Students with visual impairments may lack appropriate educational materials, while children with learning disabilities may face exclusion and rejection from schools.
  • Insufficient special schools and a lack of trained teachers for specific disabilities further impede educational opportunities.
  • g., Approximately 45% of disabled people are illiterate, and only 62.9% of disabled people aged 3 to 35 have ever attended regular schools.
• Unemployment: PwDs experience lower employment rates, primarily due to stereotypes, stigma, and a lack of inclusive hiring practices.
  • The reluctance of the private sector to hire PwDs restricts their ability to be financially independent and self-sufficient.
  • g., India has almost 3 crore people with disability (PwD) of which around 1.3 crore is employable but only 34 lakh of them have been employed (according to Unearthinsight, market intelligence firm).

Rights of Persons with Disabilities Act, 2016 (RPWD Act)

The RPWD Act, 2016 was enacted to align India’s disability framework with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified on October 1, 2007. It replaced the Persons with Disabilities Act, 1995, incorporating a more inclusive social and human rights approach to disability rights.

Key Features of the RPWD Act

• Expanded Definition of Disability
  • Recognizes 21 disabilities, including intellectual disabilities, autism spectrum disorder, specific learning disabilities, and acid attack survivors.
  • Allows periodic revision of disability types by the central government.
• Rights and Entitlements
  • Provides for reservations in education (5%) and employment (4%).
  • Ensures free education for children with disabilities (6-18 years) and penalties for discrimination.
• Institutional Framework
  • Establishment of the office of State Commissioners with quasi-judicial powers to monitor the law’s implementation and protect rights.
• Accessibility and Inclusion
  • Mandates barrier-free access in public spaces, transport, and information.
  • Stipulates equal opportunities in employment, education, and social settings.
• Welfare Measures
  • Disability pensions, healthcare benefits, and skill development programs.
  • Promotes research and innovation in assistive devices and technology.

Challenges Associated with the RPWD Act

• Underreporting of Disability
  • 2011 Census reported persons with disabilities constitute 21% of the population, a gross underestimation.
  • 2019 WHO Brief Disability Model Survey estimates 16% severe disability prevalence among Indian adults.
• Inadequate State Implementation: Delay in appointing State Commissioners and lack of independent appointees.
  • Example: As of 2021-22, only 8 States had non-civil-servant commissioners, undermining the intended impartial oversight.
• Limited Capacity and Awareness: Lack of trained personnel and insufficient resources at the state and district levels to address grievances and ensure compliance.
• Insufficient Grievance Redressal
  • Many complaints regarding the deprivation of rights remain unresolved due to a lack of proactive measures by the State Commissioners.
  • Example: In Karnataka, mobile adalats addressed complaints efficiently, but this practice has not been widely adopted.
• Intersectional Challenges: Women and girls with disabilities face intersectional discrimination, limiting their access to rights and services.

Way Forward

• Strengthening State Commissions: Appoint qualified professionals from civil society with expertise in disability rights, human rights, and law.
  • Example: States like Karnataka and Delhi have successfully fostered confidence among persons with disabilities by appointing capable commissioners.
• Capacity Building: Train State Commissioners and staff on quasi-judicial functions.
  • Collaborate with law schools and legal experts to strengthen grievance redressal mechanisms.
• Promote Inclusive Governance: Adopt practices like District Disability Management Review (DDMR), as done in Karnataka, to monitor the implementation of welfare programs.
  • Introduce mobile adalats for outreach in remote areas.
• Improve Data Collection: Conduct nationwide, detailed disability surveys to ensure accurate data collection and informed policymaking.
• Increase Accessibility: Invest in barrier-free infrastructure, affordable assistive devices, and disability-inclusive technology.
  • Ensure schools and workplaces are universally accessible.
• Intersectional Policies: Appoint women with disabilities as State Commissioners to address the unique challenges faced by this group.
• Research and Collaboration: Collaborate with UN entities for research on issues like social protection and the impact of climate change on persons with disabilities.
  • Example: Studies on disability-inclusive care economy to enhance rights-based interventions.
• Essential Interventions: Early intervention and accessible medical therapies.
  • Capacity-building for Anganwadi workers on disability protocols.
• Community Engagement: Combat disability stigma through education and awareness.
  • Collaboration among development actors to support infrastructure and services for children with disabilities.

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