| PYQ Relevance: Q) Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanisms for empowerment and inclusion of the intended beneficiaries in the society? Discuss (UPSC CSE 2017) 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 always focused on Rights of Persons with Disabilities Act, 2016 (2022), and ‘Morals of Welfare State’ in (2021).
PwDs (Persons with Disabilities) face stigma, discrimination, and neglect, due to prejudice and socio-psychological and cultural reasons, despite the Constitutional guarantee of equality of all citizens. Only about 35.29% of children with disabilities have access to schools, and approximately 55% of disabled individuals in India are illiterate, which severely limits their employment opportunities and social participation.
Today’s editorial emphasizes the urgent need for accessibility rules that are grounded in fundamental principles. This content can be used for representing a framework that is not only comprehensive but also clear and actionable, ensuring that all individuals, regardless of their abilities, can access services and environments effectively.
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Let’s learn!
Why in the News?
The Supreme Court, in the case of Rajive Raturi v. Union of India (2024), ruled that Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017, violates the Rights of Persons with Disabilities Act, 2016.
- The Court found that Rule 15 was written in a discretionary manner, contrasting with the mandatory language of relevant sections in the Act, which obligate the government to ensure accessibility.
| Significance of the Present Ruling: • The present Rajive Raturi v. Union of India (2024) ruling is crucial as Rule 15 underpins various accessibility guidelines from different ministries, such as housing and transportation. • By declaring Rule 15 ultra vires, the Court effectively nullified the statutory authority of the existing guidelines and mandated the government to establish minimum mandatory accessibility requirements within three months. Rule 15 of the Act states that the appropriate government shall designate one or more authorities to mobilize the community and create social awareness to support persons with disabilities in the exercise of their legal capacity. • The judgment highlights a significant oversight in how accessibility guidelines have been developed without a unified framework, calling for a shift towards principle-based rules that ensure comprehensive and inclusive access for all individuals. What are the provisions under the Rights of Persons with Disabilities Act, 2016? • The Act aims to ensure that all PwDs can lead their lives with dignity, without discrimination and with equal opportunities. • It was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) of 2007, to which India is a signatory. The key provisions of the Act are as follows: • PwD refers to a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others. • It recognises 21 types of disabilities including acid attack victims, intellectual disability, mental illness, etc. • State governments are responsible for ensuring PwDs enjoy the right to equality, life with dignity and respect. It ensures their protection from abuse, cruelty, inhuman treatment, violence and exploitation, etc. Other rights include the right to home and family, reproductive right, accessibility in voting, the right to own or inherit property. • It refers to a person with at least 40% of a specified disability, whether defined in measurable terms or not as certified by the relevant authority. • If a PwD cannot make legally binding decisions even with support, a limited guardian may be appointed. The District Court or designated authority may also grant total support to the person if needed. • The Act mandates the government to formulate necessary programmes to safeguard the rights of PwDs for an adequate standard of living to enable them to live independently or in the community. |
How is the idea of Accessibility pursued?
- Accessibility is recognized as a fundamental right under the UN Convention on the Rights of Persons with Disabilities. It establishes standardized accessibility measures that must be integrated from the outset in various environments.
- Reasonable accommodation, on the other hand, acts as a facilitator of equality by addressing specific challenges faced by individuals in particular contexts. It tailors solutions to meet unique needs, ensuring that all individuals can participate fully.
- Both concepts are interdependent; accessibility lays the groundwork, while reasonable accommodation provides necessary adjustments for those who still encounter barriers.
- The notion of accessibility is dynamic, evolving with technological advancements such as Artificial Intelligence and the Internet of Things. This evolution necessitates continuous updates to digital accessibility tools to enhance inclusivity.
- The Rajive Raturi case emphasized that existing guidelines often set long-term goals without immediate minimum standards. A phased approach is needed, where accessibility thresholds are gradually raised over time, similar to Canada’s roadmap for achieving full accessibility by 2040.
What are the barriers to Accessibility?
- Definition: The RPwD Act defines barriers broadly, including both tangible (infrastructure) and intangible (attitudinal) obstacles. Recognizing attitudinal barriers is crucial for fostering a more inclusive society.
- As societal understanding of disability evolves, so too must the parameters for accessibility. This includes acknowledging that disability can arise from various situations beyond permanent impairments, such as temporary injuries or age-related challenges.
- Universal Design Principles: The concept of universal design has expanded to encompass not just PwDs but all vulnerable groups, including women, children, and the elderly. This shift reflects a broader understanding that disability is not merely an individual limitation but often a result of environmental factors.
| What is the significance of compliance with Social Audit under the RPwD Act? Section 48 of the Rights of Persons with Disabilities (RPwD) Act, 2016 mandates that both Central and State governments conduct regular social audits of all general schemes and programs to ensure they meet the needs of persons with disabilities (PwDs). • Accountability: Social audits help identify bottlenecks in the delivery of services, assess the effectiveness of assistance technologies provided to PwDs, and adapt to their changing needs. • Service Improvement: By evaluating existing schemes, social audits can lead to better device provision and more effective support systems for individuals with disabilities. |
What are the challenges in Implementation?
- Lack of Standardized Guidelines: Currently, there are no clear guidelines under the RPwD Rules regarding the scope and methodology for conducting social audits. This absence leads to inconsistencies between the Centre and States, a lack of awareness among stakeholders, and insufficient training for auditors.
- For instance, a sporting complex has multiple guidelines for accessibility from the Ministry of Urban Affairs and Housing, Sports, Transport, and others.
- Need for Clarity: Establishing clear operational guidelines for social audits is essential to effectively identify evolving disability-related challenges and implement targeted interventions.
Way Forward: There is a need for a principled approach to accessibility that transcends mere compliance with regulations. By ensuring that accessibility rules are clear, inclusive, and well-enforced, society can move towards a more equitable environment where everyone has the opportunity to participate fully.
- This structured approach will not only benefit individuals with disabilities but will also enhance user experience for all members of society.
