Hindu Editorial Analysis : 3-December-2024
The rights of persons with disabilities (PWDs) have been a major focus in global human rights discussions, especially after India ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007. While India has made significant legal advancements, there are still many challenges in ensuring the practical realisation of these rights.
Prevalence of Disability in India
India has a significant population of persons with disabilities. According to the United Nations Convention on the Rights of Persons with Disabilities, PWDs include individuals with long-term physical, mental, intellectual, or sensory impairments that may hinder their full participation in society.
- The Rights of Persons with Disabilities Act, 2016 (RPWD Act) identifies 21 types of disabilities, including physical, mental, and sensory impairments.
- The National Family Health Survey (NFHS) shows that the population of PWDs in India has decreased to 1% (2019-2021), compared to 2.2% in 2011.
- Disabilities in movement, seeing, and hearing are most common, with 20%, 19%, and 19% of PWDs respectively facing these challenges.
Furthermore, a higher prevalence of disability is seen in rural areas (2.3%) compared to urban areas (2.0%), and more men (2.4%) are affected than women (1.9%).
Legal and Constitutional Provisions
India’s Constitution provides several provisions to protect the rights of PWDs:
- Article 41 mandates the State to provide for education, employment, and public assistance to persons with disabilities.
- Article 46 ensures the promotion of the educational and economic interests of weaker sections, including PWDs.
Legal Framework for Disability Rights
India’s legal framework for disability rights has evolved significantly in recent years:
- The RPWD Act, 2016 replaced the 1995 law, aiming to promote equality, non-discrimination, and community living for persons with disabilities.
- The National Trust Act, 1999 ensures legal guardianship for persons with autism, cerebral palsy, mental retardation, and multiple disabilities.
Challenges Faced by Persons with Disabilities
Despite the legal framework, PWDs still face numerous challenges in India:
- Employment and Economic Participation: Many persons with disabilities remain unemployed. A report revealed that although 1.3 crore PWDs are employable, only 34 lakh are employed.
- Discrimination and Stigma: Social stigma and discrimination hinder PWDs from achieving their potential. Women and girls with disabilities are particularly vulnerable to gender-based violence.
- Health Issues: Many disabilities arise due to preventable medical conditions such as birth complications, malnutrition, or accidents.
- Accessibility and Inclusion: PWDs face limited access to healthcare, education, and employment due to inadequate infrastructure and services.
- Education: Inclusive education remains a challenge, with many children with disabilities unable to attend school due to lack of resources.
Key Issues with the RPWD Act (2016)
Although the RPWD Act has been a step forward, its implementation has been inconsistent:
- Poor Implementation: Despite provisions for reservations in government jobs and incentives for non-governmental employment, implementation remains slow.
- Role of State Commissioners: The RPWD Act mandates the establishment of State Commissioners for Disabilities to ensure the law is followed. However, their effectiveness varies due to lack of support and delayed appointments.
Positive Case Study: Karnataka
Karnataka has implemented innovative measures to improve disability inclusion. For example, the State Commissioner’s office has introduced mobile courts to address grievances in remote areas, ensuring that even people in far-flung areas can access justice.
Recent Initiatives and Policies
India has launched several initiatives to improve the lives of PWDs:
- Unique Disability Identification (UDID) Portal: This initiative aims to create a national database of PWDs and provide them with a disability identity card, ensuring transparency and easy access to government benefits.
- Accessible India Campaign: This initiative focuses on making public buildings and transportation systems accessible to PWDs.
- National Action Plan for Skill Development: This plan seeks to enhance the employability of PWDs by offering vocational training and employment opportunities.
Why In News
The rights of persons with disabilities have been a focal point of global human rights discussions, especially following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) by India in 2007. This landmark step highlighted the commitment of India to ensure equality and dignity for persons with disabilities. However, despite legislative advancements, the practical realisation of these rights remains a challenge, as barriers such as social stigma, inadequate infrastructure, and lack of awareness continue to hinder full inclusion and participation in society.
MCQs about The Rights of Persons with Disabilities in India
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Which of the following is a key provision of the Rights of Persons with Disabilities Act, 2016 (RPWD Act)?
A. Ensuring mandatory employment quotas in private companies
B. Promoting a human rights-based approach to disability inclusion
C. Providing health insurance for all persons with disabilities
D. Setting up free education institutions for persons with disabilities
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Which of the following challenges continues to affect persons with disabilities (PWDs) in India despite legal reforms?
A. High employment rates in the private sector
B. Widespread social stigma and discrimination
C. Free access to education for all PWDs
D. Lack of healthcare facilities for PWDs
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Which initiative aims to improve accessibility to public buildings and transportation systems for persons with disabilities in India?
A. Deendayal Disabled Rehabilitation Scheme (DDRS)
B. Accessible India Campaign (Sugamya Bharat Abhiyan)
C. National Policy for Persons with Disabilities, 2006
D. Unique Disability Identification (UDID) Portal
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