Ram Rattan Sharma
Even today the disabled in India see their physical or mental limitation whether as a source of shame or source of inspiration for others. By concentrating on overcoming the disability, we fail to notice that a disability itself cannot be overcome by a disabled person, however, heroic he or she may be. In the west, the disability rights movement has realized this and therefore, they proclaim that “it is okay, even good to be disabled. Disability is a class in itself that anyone may fall victim at anytime.
Unlike other movements like feminism or lesbian movements which have distinct agendas of either gender justice or the right to sexual orientation, the disability right movement does not have systematic path.Disablity right movement even in the west has a very recent origin and tries to draw strength from the traditional legal order rather than by critiquing or deconstructing it. Joseph Shapiro neatly summarises the characteristic of this movement in the west.” The disability movement is a mosaic movement for the 1990’s .Diversity in its critical Characteristic. No leader or organization can claim to speak for all the disabled.
The disability rights movement in India and in third world countries is discursive and disorganized and there is no written document to trace it’s origin .instead of coming together, sections of disabled viz. blind persons, person with physical disability deaf and dumb persons and those with mental disabilities have launched their movements and struggles separately. Mainly through NGOs it was all the much difficult for all disabled groups to come together with the stupendous diversities in their problems. Two important reasons can be assigned for such a scenario. Firstly in our country, the disabled are bound to struggle to fulfill the basic needs like food, shelter and education and therefore, they are bound to be disable specific in their struggles. Secondly, the advocates of disability rights in India do not have any coherence in their agenda, some stress solely on rehabilitation and research. Others are solely concerned with generation of employment and still others are wholly occupied by efforts in the education sector. A few in India ever talk of about the civil rights or crisis of identity of the disabled. Under such circumstance the various groups have to work segregated, and so they could not come together and chalk out a common agenda.
In India the disability rights movement has been launched by NGOS and therefore a large number of NGOS have mushroomed all over the country instead of working together to strengthen the movement. There is often seen unwarranted and unhealthy rivalry between NGOS. Similar conflicts were also noted across different sections of the disabled, while there are a number of organizations making serious rehabilitation efforts and genuinely working for the upliftment of the disabled. There are also NGOS that are simply cashing in on the cause just trying to pocket the funds and doing nothing for the disabled.
Some assumptions prevailed about the disabled in our country like, disabled people are the most vulnerable section of society and have been ignored by state and society alike since long, disabled people have always been dependent and, therefore, need helping hands and gracious charity, disabled people are victims of their bad luck, disableness is the punishment for sins he has never committed in this life, such assumptions about the disabled do nothing to help them.
Until 1995 there was no law that even defined discrimination against people with disabilities. It is only with the persons with disabilities act, passed in 1995 that discrimination specifically against persons with disabilities came under the purview of the law. Till 1995, most of the welfare measures taken by the states were by way of affirmative action. The ministry of social welfare was largely concerned with problems of persons with disability and with providing them privileges. Rehabilitation of people with disability by opening shelter workshops and educational and research institutions. During early 80’s some major development in the international disability rights movement brought about a change in the attitude of the Govt. of India. The first earnest sign was the enactment of the mental health Act, 1987.
A meeting was convened by the economic & social commission for the Asia pacific region in Beijing in December 1992 to launch the Asia pacific decade of disabled persons. The meeting declared 1993-2000 as the Asia pacific decade and proclaimed the full participation and equality of people with “disabilities” as the objective. To give legislative effect to the above proclamation, the persons with disabilities act was enacted in India in 1995 and came into force on 1st Jan 1996. Objectives of the Act were, to create a barrier free environment for disabled persons to remove any discrimination against disabled people to the sharing of development benefits vis-à-vis non disabled persons to counter act any situation of abuse and exploitation of disabled persons to lay down strategies for the development of comprehensive programmes and services and the equalization of opportunities for disabled persons to make special provisions for the integration of person with disabilities into the social main stream.
Unfortunately, the act does not pay any serious attention to secure some basic rights like the right to human dignity, right to equal concern & respect, right against discrimination in public employment and educational institutions, right against exploitation, right against victimization etc. The act has completely ignored some vital aspects such as: pre school education of disabled children, special problems of the parents of disabled & female disabled, games, sports& cultural activities, exploitation of disabled by their own families ,higher education of the disabled. Though the implementation of the Act has been gradual ,but it has provided a platform to unite and mobilize disabled individuals across the country.
The success of this Act would, however, depend much upon the extent to which the political leaders and bureaucratic executive internalizes the values, sensibilities and goals enshrined in the Act .If persons with disability are to be regarded as full citizens of India, their right to equal concern and respect must find its expression in the supreme law of the land.
(The author is former Dy. Liberian University of Jammu)
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