Ratul Dhiman
Although, Human rights is a broad subject but various aspects of Human Rights are often ignored in popular discourses and Rights of Persons with Disability is one such important aspect of Human rights which needs much more focus.
After the two devastating world wars, United Nations Organisation was founded in 1945 with an aim to promote global peace, security, social progress, better living conditions and human rights. The UN Charter of 1945 reaffirmed faith in fundamental human rights and dignity of human person. The adoption of Universal Declaration of Human rights in 1948 was a milestone in the Modern history. Article 1 of the declaration states: “All human beings are born free and equal in dignity and rights. They are endowed with reasons and conscience and should act towards one another in a spirit of brotherhood.” However, millions of people across the globe having some or other kind of natural or acquired disability could only rejoice in 1975 when the UN Declaration of Rights of Persons with Disability (PwD) was adopted by the United Nations General Assembly. This declaration of 1975 was one of the initial steps to mainstream the disability rights with the general human rights movement.
In India, going by 2011 Census, PwD comprise of 2.1% of the population which means around 2.68 crore number of persons. The disability rights movement in India has been in prevalence since 1970s. In its initial stages, the movement was rather scattered and was quite limited in its demands and reach. By 1980s, the movement got matured and various scattered demands were consolidated and various different kinds of disabilities were all together accommodated under the broad spectrum of the movement. Specific focus was also laid on medical rehabilitation as a result of which Rehabilitation Council of India was established in 1986. Later, in 1987 Mental Health act was enacted with aim to provide dignified life and better healthcare facilities to persons suffering from mental illness. The Disability movement yielded the fruit after a long toil in 1995 with the enactment of The Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act. This enactment of 1995 also gave effect to the Proclamation on the Full Participation and Equality of the People with Disability in the Asian & Pacific Region.
In 2006, two major developments took place- The Convention of Rights of PwD (“UNCRPD 2006”) was adopted in New York, while in New Delhi National Policy for PwD was brought in to the force. It was only after the UNCRPD 2006, the issue of disability rights has figured on global Human Rights agenda. The convention was ratified by India in 2007 and it came into effect in 2008. Consequently, to effectively implement the convention, Rights of Persons with Disability Act of 2016 (“2016 act”) was enacted replacing the act of 1995. The 2016 PwD Act is a comprehensive one and its main objective is to maintain the dignity of every individual in the society & prevent any kind of discrimination. Section 3 of the 2016 act prohibits discrimination of PwD, unless it is shown that the discrimination was a proportionate mean of achieving a legitimate aim. The act has widened the definition of disability by covering 21 specific types of physical and mental disabilities. It is pertinent to mention that acid attack victims are also included under the ambit of this definition of disability. The 2016 act has laid the onus on the ‘appropriate governments’ to effectively secure the rights of PwD. Also, the private sector is conferred with responsibility to provide necessary training and employment opportunities to empower PwD. The 2016 Act has also enshrined provisions to secure reproductive and inheritance rights.
Prime Minister Narendra Modi in 2015 suggested to use the term ‘Divyaang’ instead of ‘Viklang’ for PwD which was taken forward by Ministry of Social Justice and empowerment. The change in nomenclature has been able to change the social perception regarding disability to some extent. When it comes to create barrier free infrastructure, ‘Sugamya Bharat Abhiyan’ or the Accessible India campaign launched in 2015 has been able to achieve its goal partially only.
As we are now in 3rd decade of 21st century, eradicating the social stigmas and marginalization faced by PwD should be one of our key objectives to be achieved as a nation. At this moment, we are having proper legislations for carrying forward the affirmative action for securing the PwD rights, therefore breaking the attitudinal barriers towards disability now becomes much more necessary in crusade to achieve much broader goal of empowering PwD. At community level, raising awareness and overcoming the negative attitudes regarding disability are basic steps in the league to create an all-inclusive society. It is very important to challenge the notion which equates disability with inability. The legislations and policies are much required to be implemented in their true spirit. General public needs to sensitized towards PwD as it has been seen that PwD especially the children are often bullied and victimized by others in the society. Private sector can effectively play a key role in taking the crusade of PwD empowerment to new heights. NGOs rehabilitating PwD must receive constant support from general public and authorities in their cause.
Our aim should be crystal clear – that is to have an all-inclusive society with empowered citizenry.
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