Accessibility for Persons with Disabilities in India | UPSC

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Introduction

  • In a landmark move, the Supreme Court of India recently directed the Union government to create binding rules to ensure accessibility for persons with disabilities (PwDs) in public spaces and services. 
  • The ruling recognizes accessibility as a fundamental right under the Rights of Persons with Disabilities (RPwD) Act, 2016 and reinforces India’s obligations as a signatory to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 
  • This decision sheds light on the challenges faced by PwDs and the need for a more inclusive society.

Who Are Persons with Disabilities?

  • As per the UNCRPD, persons with disabilities are individuals with long-term physical, mental, intellectual, or sensory impairments that restrict their ability to participate in society on equal terms. 
  • India’s commitment to accessibility stems from Article 9 of the UNCRPD, which mandates equal access to physical spaces, transportation, and services. 
  • Rights of Persons with Disabilities Act, 2016: India’s RPwD Act, 2016, aligns with this definition and adds the term “benchmark disability,” which refers to individuals with at least 40% of a specified disability.
    • This Act sets accessibility standards for public spaces and digital platforms.
    • The Act increased reservation for PwDs from 3% to 4% in jobs and 3% to 5% in higher education.
  • The RPwD Act expanded the list of disabilities from 7 to 21 categories, including conditions like:
    • Autism spectrum disorders.
    • Acid attack survivors.
    • Multiple sclerosis and chronic neurological conditions.
  • The Act also empowers the Union government to include additional categories of disabilities as needed.

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Status of Persons with Disabilities in India

  • Population Data: According to the 2011 Census, India is home to 26.8 million persons with disabilities, constituting 2.21% of the total population. Among them:
    • 14.9 million are men (2.41% of male population).
    • 11.9 million are women (2.01% of female population).
    • Rural areas account for 69% of the disabled population.
  • Age and Disability Distribution:
    • The highest prevalence of disability is observed in the 10–19 age group (46.2 lakh individuals).
    • Among PwDs:
      • 20% have mobility impairments.
      • 19% have visual disabilities.
      • 19% face hearing impairments.
      • 8% suffer from multiple disabilities.

Constitutional Provisions for Persons with Disabilities

  • Preamble:
    • The Preamble of the Indian Constitution emphasizes securing social, economic, and political justice, along with equality of status and opportunity for all citizens, including persons with disabilities.
  • Fundamental Rights:
    • Fundamental rights ensure the dignity of the individual and are fully applicable to persons with disabilities.
  • Directive Principles of State Policy:
    • Article 41: Calls on the State to provide for the right to work, education, and public assistance in cases of disability, old age, or sickness.
    • Article 46: Encourages the promotion of educational and economic interests for weaker sections and protection against exploitation.
  • Schedules of the Constitution:
    • Seventh Schedule: “Relief of the Disabled” is listed as a State Subject (Entry 9 in List II).
    • Eleventh Schedule: Includes “Welfare of the Disabled and mentally retarded” as Item 26.
    • Twelfth Schedule: Lists it as Item 9.

Legal Provisions for Persons with Disabilities

  • The Mental Health Act, 2017:
    • Replaced the Mental Health Act, 1987.
    • Focuses on ensuring mental healthcare services and protecting the rights of individuals with mental illness.
  • Rights of Persons with Disabilities (RPwD) Act, 2016:
    • Replaced the Persons with Disabilities Act, 1995 and aligns with the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
    • Key highlights:
      • Increased job reservation from 3% to 4% for persons with disabilities.
      • Increased reservation in higher education from 3% to 5%.
      • Mandates accessibility in public buildings within a prescribed timeframe.
  • Rehabilitation Council of India Act, 1992:
    • Established the Rehabilitation Council of India (RCI) to:
      • Regulate and monitor rehabilitation services.
      • Standardize training syllabi.
      • Maintain a Central Rehabilitation Register of qualified professionals.
  • The National Trust Act, 1999:
    • Created to support persons with autism, cerebral palsy, mental retardation, and multiple disabilities.
    • Aims to enable independent living through:
      • Protection measures for orphaned individuals.
      • Procedures for appointing guardians/trustees.
      • Promoting equal opportunities.

Welfare Programs for Persons with Disabilities

  • Accessible India Campaign:
    • Aims to create a barrier-free environment by targeting three areas:
      • Built environment
      • Transportation systems
      • Information and communication technology (ICT)
  • Deendayal Disabled Rehabilitation Scheme (DDRS):
    • Provides financial assistance to NGOs for rehabilitation projects.
    • Strives to ensure equal opportunities, equity, and empowerment for persons with disabilities.
  • Assistance to Disabled Persons for Purchase of Aids and Appliances (ADIP):
    • Supports the provision of scientifically manufactured appliances for disabled persons.
    • Implemented through NGOs, National Institutes, and Artificial Limbs Manufacturing Corporation of India (ALIMCO).
  • Indian Sign Language Research and Training Centre:
    • Promotes the use of sign language and develops expertise in this area.
  • National Institute of Mental Health Rehabilitation (NIMHR):
    • Focuses on building capacity for mental health rehabilitation.
    • Develops community-based protocols for reintegrating persons with mental illness into society.

Highlights of the NALSAR Report

  • In November 2023, the Supreme Court directed NALSAR-CDS to evaluate the accessibility situation across India due to insufficient progress by the Centre and states. 
  • The study considered inputs from the Centre, state governments, union territories, courts, and prisons, but only 14 states and three UTs responded.
  •  It also included perspectives from persons with disabilities, focusing on their real-life experiences.
  • The report emphasised that the right to accessibility has to be viewed through other disadvantages such as caste, sex, religion and region and the intersection of disability with these factors. 
  • Transport Accessibility:
    • Significant interstate differences exist in transport accessibility for persons with disabilities.
    • For example, Delhi operates 3,775 low-floor CNG buses for accessible travel, whereas Tamil Nadu has only 1,917 accessible buses out of a total 21,669.
  • Intersectionality of Challenges:
    • Accessibility issues are exacerbated by factors like caste, gender, and region.
    • For instance:
      • Job portals often exclude visually impaired users.
      • The lack of sign language recognition disadvantages individuals with hearing and speech impairments.

Supreme Court’s Recent Ruling

  • The Supreme Court’s decision, based on a 2005 petition by Rajive Raturi, addresses gaps in accessibility standards and enforcement. Highlights of the ruling include:
  • Mandatory Rules:
    • Directed the government to frame enforceable, non-negotiable standards within three months.
    • Declared Rule 15(1) of the RPwD Rules ultra vires, as it only provided recommendatory guidelines.
  • Stakeholder Engagement:
    • Instructed the government to consult organizations like NALSAR’s Centre for Disability Studies.
  • Compliance and Penalties:
    • Non-compliance will result in penalties, including withholding completion certificates and imposing fines.

Challenges Faced by Persons with Disabilities

  • Social Barriers:
    • Persistent discrimination and stereotypes hinder social and economic integration.
    • Stigma leads to exclusion, loss of identity, and inhumane treatment.
    • A study by the National Centre for Promotion of Employment for Disabled People (NCPEDP) revealed that many PwDs face exclusion in public spaces, further marginalizing them. 
  • Educational Barriers:
    • Limited access to specialized schools, trained teachers, and learning resources prevents inclusive education.
    • For instance, Sarva Shiksha Abhiyan reports indicate that less than 10% of children with disabilities are enrolled in mainstream schools. 
  • Healthcare Challenges:
    • Lack of quality healthcare services further marginalizes PwDs, especially in rural areas.
    • For example, a survey by CBM India Trust highlighted that over 60% of rural PwDs have to travel long distances for basic medical care. 
  • Employment Discrimination:
    • Reluctance in hiring PwDs in the private sector results in financial dependence and lower economic participation.
    • For example, a report by ILO India indicates that less than 1% of the workforce in private companies comprises PwDs, despite government incentives. 
  • Infrastructure Accessibility:
    • Inadequate physical infrastructure and transportation systems restrict mobility.
    • For example, only 3% of government buildings in India are fully accessible, as per the Accessible India Campaign’s 2021 audit. 
    • A study by Disability Rights India Foundation (DRIF) found that over 50% of public sector job reservations for PwDs remain unfilled. 
    • For example, the NALSAR report highlights that while Delhi has 3,775 accessible buses, Tamil Nadu has only 1,917 out of 21,669 buses designed for PwDs.

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Addressing Stereotypes and Discrimination

  • The Supreme Court also laid down guidelines to tackle stereotypes and marginalization:
  • Respectful Language: Avoid terms like “cripple” or “spastic” that perpetuate negative perceptions.
  • Accurate Representation: Involve PwDs in media creation to ensure dignified portrayals.
  • Balancing Creative Freedom: While upholding artistic freedom, the Court prohibits content that stereotypes or mocks marginalized communities.

Way Forward

  • Promoting Inclusion:
    • Enhance opportunities for education, employment, and social participation.
    • Encourage PwDs to take active roles in political and decision-making processes.
  • Social Awareness:
    • Combat stigma with campaigns promoting respect and inclusivity, using terms like “Divyangjan.”
  • Policy and Budgetary Focus:
    • Introduce disability-specific budgeting akin to gender budgeting to ensure targeted welfare measures.
  • Preventive Measures:
    • Expand programs like the Comprehensive Newborn Screening (CNS) to detect and manage disabilities early.
  • Improving Accessibility:
    • Develop disabled-friendly infrastructure, transportation, and digital platforms to ensure inclusivity.

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