Accessibility for Persons with Disabilities in India | UPSC

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.

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.