Introduction: -
In 1995, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act was passed to promote the welfare of people with disabilities and protect their rights.
A notable advancement came with the adoption the Rights of Persons with Disabilities Act in 2016, which brought India's disability rights framework into compliance with the UNCRPD ( United Nations Convention on the Rights of Persons with Disabilities).
The 2016 Act, which emphasised on inclusiveness, non-discrimination, accessibility, and empowerment, broadened the scope of rights and privileges.
To oversee implementation and handle complaints, specific organisations were established, such as the National and State Disabilities Rights Authority.
Background: -
While the Constitution of India guarantees all its citizens equality, liberty, and fraternity and prohibits discrimination based on caste, class, religion and sex, no explicit mention or recognition is given to persons with disabilities (PwDs).
One may trace the inception of the disability rights movement in India back to The Proclamation on the Full Participation and Equality of People with Disabilities, which led to The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
This resulted from decades of concerted efforts by Senior Advocate SK Rungta and the National Federation of the Blind.
Significance: -
The Constitution of India applies uniformly to every legal citizen of India, whether they are healthy or disabled in any way (physically or mentally).
Under the Constitution, disabled people have been guaranteed the following fundamental rights:
The Constitution secures to the citizens, including people with disabilities, a right to justice, liberty of thought, expression, belief, faith and worship, equality of status and opportunity, and the promotion of fraternity.
Article 15(1) enjoins the Government not to discriminate against any citizen of India (including the disabled) based on religion, race, caste, sex or place of birth.
Article 15 (2) States that no citizen (including people with disabilities) shall be subjected to any disability, liability, restriction or condition on any of the above grounds in the matter of their access to shops, public restaurants, hotels and places of public entertainment or in the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of government funds or dedicated to the use of the general public.
There shall be equal opportunity for all citizens (including people with disabilities) in matters relating to employment or appointment to any office under the state.
No person, including people with disabilities, irrespective of his belonging, can be treated as an untouchable. It would be an offence punishable by the law as provided by Article 17 of the Constitution.
Every person, including people with disabilities, has his life and liberty guaranteed under Article 21 of the Constitution.
Limitations: -
The rights and legal protections for people with disabilities in India have improved over the years, but there are still several limitations and challenges:
Implementation Gap: Despite laws like the Rights of Persons with Disabilities Act 2016, the effective implementation of these laws at the grassroots level remains challenging. Many people with disabilities still face discrimination and lack access to essential services.
Accessibility Issues: Physical infrastructure, public transportation, and digital platforms often lack accessibility features, making it difficult for people with disabilities to navigate and access essential services.
Social Stigma: Deep-rooted social stigma and stereotypes persist, leading to the marginalisation and exclusion of people with disabilities in various aspects of society, including education and employment.
Limited Awareness: Many people with disabilities are unaware of their rights or how to access available support and services, which can result in them being denied their entitlements.
Inadequate Healthcare: Access to quality healthcare services for people with disabilities, especially in rural areas, remains a challenge. Many individuals do not receive the necessary medical care and rehabilitation support.
Major Cases: -
Justice Sunanda Bhandare Case (1984): Justice Sunanda Bhandare, a renowned jurist, became a wheelchair user due to a spinal cord injury. She fought for recognising disability rights and accessibility in public spaces, including courtrooms. Her case highlighted the need for reasonable accommodations and paved the way for accessibility reforms.
National Federation of Blind vs Union Public Service Commission (2013): The case challenged the Union Public Service Commission's decision not to provide a scribe or extra time for blind candidates in civil services examinations. The court ruled in favour of the blind candidates, recognising the need for reasonable accommodations in competitive exams.
Accessible India Campaign (Sugamya Bharat Abhiyan): The Accessible India Campaign was launched in 2015 to enhance accessibility in public transportation, buildings, and information and communication technologies. It aims to make at least 50% of government buildings in the national and state capitals accessible to persons with disabilities.
Conclusion: -
In conclusion, India has achieved considerable progress towards establishing an inclusive and equitable society thanks to the rights and legal protections for people with disabilities. India has acknowledged the intrinsic worth and capacities of people with disabilities through laws, legal proceedings, and advocacy initiatives.
Accessibility, non-discrimination, and empowerment have been emphasised through implementing the Rights of Persons with Disabilities Act and other government programmes. Despite the difficulties and constraints, the dedication to disability rights continues to signal a fundamental movement in society towards one that values diversity, promotes inclusivity, and protects the rights of all people, regardless of their abilities.