| PYQ Relevance: Q) The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (UPSC CSE 2022) |
Mentor’s Comment: UPSC Mains have focused on the ‘Challenges faced by Disables’ (in 2017), ‘Acts and Policies’ (2022).
Persons with disabilities (PwDs) in India encounter a multitude of challenges that hinder their social inclusion, economic participation, and overall quality of life. These challenges can be broadly categorized into social, educational, healthcare, employment, and infrastructural barriers.
Today’s editorial highlights the significant Policy implementation issues. This content can be used to present the key arguments regarding policy driven challenges
_
Let’s learn!
Why in the News?
State Commissioners play a crucial role in protecting the rights and freedoms of persons with disabilities, but in many states, they have not fully met their responsibilities.
The Role of the State Commissioner
- Quasi-Judicial Authority: The State Commissioners have quasi-judicial powers under Section 82 of the RPWD Act, allowing them to operate with the same authority as a civil court.
- This includes the ability to conduct inquiries and make recommendations regarding violations of disability rights.
- Monitoring and Oversight: They are responsible for monitoring the implementation of the RPWD Act and other related legislation, ensuring that policies and programs are compliant with the rights of persons with disabilities.
- Suo Motu Powers: State Commissioners can intervene suo motu (on their own initiative) to identify discriminatory policies or practices that contravene the RPWD Act, thereby playing a critical role in safeguarding the rights of individuals with disabilities.
- Engagement with Stakeholders: They are expected to interact consistently with persons with disabilities and their representative organizations to understand their needs and concerns, facilitating a more inclusive approach to policy-making.
- Research Promotion: The State Commissioners also have a mandate to promote research in disability rights, which can inform better policies and practices for inclusion.
- Capacity Building: They must build their capacity to perform their functions effectively, which includes training on legal frameworks, disability rights, and effective grievance redressal mechanisms.
| Case study of Karnataka: • Effective Implementation: Karnataka has been highlighted as a progressive state in terms of disability inclusion, demonstrating effective practices in appointing State Commissioners who are not part of the civil service, thus ensuring impartiality. • Collaboration with Legal Experts: The Karnataka Commissioner’s office collaborates with law schools and legal experts to strengthen the capacities of its commissioners, enhancing their ability to function as quasi-judicial bodies. • Mobile Adalats: Karnataka has implemented mobile courts (adalats) that reach out to persons with disabilities in remote areas, providing on-the-spot grievance redressal and increasing accessibility to justice. • District Disability Management Review (DDMR): This initiative serves as an inclusive governance tool that allows the State Commissioner to monitor how development programs are implemented at the district level, ensuring that quotas for persons with disabilities are met. • Transparency in Operations: The Karnataka office maintains transparency by publishing information on its website regarding cases received, disposed of, and pending actions, along with annual reports on implementation efforts. • Community Engagement Initiatives: Programs like “Nanhe Farishtey” aim to educate communities about disabilities and promote awareness at Anganwadi centres, fostering early detection and inclusion of children with disabilities. • Intersectional Representation: There is a push for appointing qualified women with disabilities as commissioners to address intersectional discrimination effectively and ensure diverse representation in decision-making processes. |
Challenges related to disabilities in India:
- Exclusion Due to Social Barriers: Persons with disabilities feel isolated not because of their condition but due to societal designs catering primarily to able-bodied individuals, excluding them from everyday activities.
- Inaccessible Infrastructure: Public and private spaces, including buildings, sidewalks, stadiums, theatres, and washrooms, lack adequate accessibility features like ramps and tactile paving, or these exist merely as token gestures.
- Limited Recreational Access: The entertainment sector, including cricket stadiums and theatre screenings, fails to consider accessibility needs for wheelchair users or visually impaired individuals, reflecting ableist leisure practices.
- Lack of Inclusive Cultural Representation: Mainstream media rarely portrays disabilities sensitively, but films like Margarita with a Straw and Srikanth help challenge stereotypes and foster visibility, giving persons with disabilities a sense of recognition.
- Neglect of the Right to Leisure: The absence of efforts to make recreational spaces accessible highlights societal disregard for the right of persons with disabilities to leisure, underlining the need for an inclusive cultural framework.
Way forward:
- Judicial Advocacy for Respectful Representation: The Supreme Court ruling, led by former CJI D.Y. Chandrachud, mandates accurate and respectful portrayal of disabilities in visual media to combat discrimination and stereotyping.
- Technological Inclusion in Entertainment: Accessibility features like subtitles and audio descriptions on OTT platforms enhance inclusivity, benefiting persons with disabilities, the elderly, and able-bodied audiences alike.
- Economic Potential of Accessibility: With the global spending power of persons with disabilities and their networks at $13 trillion, businesses are recognizing inclusivity as a strategic investment, not merely a philanthropic effort.
- Building Inclusive Entertainment Ecosystems: Recent initiatives promote active participation of persons with disabilities in the entertainment industry, fostering respect, belonging, and equitable representation in society.
