International Day of Persons with Disabilities | UPSC

Introduction

• The International Day of Persons with Disabilities (IDPD), observed annually on December 3, celebrates the resilience, contributions, and leadership of persons with disabilities (PwDs) worldwide. 
• This day serves as a reminder of the global commitment to fostering inclusivity, advocating for the rights of PwDs, and creating equitable opportunities for all.  
• This year’s theme is “Amplifying the leadership of persons with disabilities for an inclusive and sustainable future”.

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 (Sugamya Bharat Abhiyan): The campaign aims to create a barrier-free environment for persons with disabilities, focusing on making physical spaces, transport systems, and information communication technologies accessible.
  • Built Environment: Ensures that public buildings, roads, and other infrastructure are made accessible through ramps, elevators, tactile paving, and accessible toilets.
  • Transportation Systems: Advocates for accessible public transport systems, including buses, trains, and airports, with special emphasis on the provision of ramps, lifts, and reserved seating.
  • Information and Communication Technology (ICT): Enhances accessibility in digital platforms by promoting the development of websites, mobile applications, and digital services that cater to persons with disabilities (e.g., screen readers for the visually impaired).
  • Targets: The campaign focuses on ensuring that all government buildings and public spaces are accessible by 2025.
• Deendayal Disabled Rehabilitation Scheme (DDRS): Provides financial support to non-governmental organizations (NGOs) that implement rehabilitation programs for persons with disabilities.
  • Focus on Equal Opportunities: Aims to improve the quality of life for persons with disabilities by ensuring access to education, employment, and social inclusion.
  • Outreach: In 2020-2021, over 700 NGOs benefited from the DDRS for a wide array of programs, including skill development, health services, and social welfare initiatives.
• District Disability Rehabilitation Centre (DDRC): Its objectives include early identification and intervention, raising awareness, and assessing the need for assistive devices along with their provision and fitment, arrangement of loans for self-employment.
  • It also acts as an outreach center for services provided by National Institutes and works to promote a barrier-free environment for individuals with disabilities.
• Assistance to Disabled Persons for Purchase of Aids and Appliances (ADIP): Provides financial assistance to disabled individuals for purchasing necessary assistive devices and appliances to improve their mobility and daily functioning.
  • Types of Aids and Appliances: Includes mobility aids like wheelchairs, prosthetics, hearing aids, and other devices designed to assist persons with disabilities.
  • Implementation Agencies: The program is carried out through NGOs, National Institutes, and the Artificial Limbs Manufacturing Corporation of India (ALIMCO).
  • Impact: Over 1.4 million aids and appliances have been distributed to persons with disabilities under the ADIP scheme since its inception in 1981.
• Indian Sign Language Research and Training Centre (ISLRTC): Promotes the use of Indian Sign Language (ISL) to bridge the communication gap between the hearing-impaired and the general population.
  • Research and Training: The center conducts research on sign language and develops training programs for both individuals with hearing impairments and professionals in the field.
  • Language Development: Aims to standardize Indian Sign Language across different regions of the country and expand its use in education and public services.
  • Curriculum Development: ISLRTC offers diploma and certificate courses in Indian Sign Language, helping to increase the number of qualified sign language interpreters.
  • Data: In 2020, ISLRTC trained over 5,000 individuals through various training programs.
• National Institute of Mental Health Rehabilitation (NIMHR): Focuses on mental health rehabilitation by providing community-based support and integrating persons with mental health issues into society.
  • Collaboration: NIMHR works with other institutions, including the Ministry of Social Justice and Empowerment, to promote mental health awareness and rehabilitation.
  • Data: The institute has reached over 50,000 beneficiaries through its various rehabilitation programs and community interventions since its establishment.
• Schemes For Implementation of the Rights of Persons with Disabilities Act, 2016  (SIPDA): It is a comprehensive “Central Sector Scheme” that encompasses 10 sub-schemes like Awareness Generation and Publicity (AGP) combined with in-service training. SIPDA is designed to operate from 2021–22 to 2025–26. 
• Divya Kala Mela: It is a national-level fair dedicated to Divyangjan and  represents a significant milestone in India’s journey toward inclusivity and empowerment of the Divyangjan, or differently-abled individuals.
• PM-DAKSH (Pradhan Mantri Dakshta Aur Kushalta Sampann Hitgrahi) Yojana: It is a one-stop destination for Persons with Disabilities (PwDs), skill training organizations, and employers across India to be a part of the National Action Plan for Skill Development of Persons with Disabilities implemented by the Department of Empowerment of Persons with Disabilities (DEPwD). Under this portal, there are two modules:
  • Divyangjan Kaushal Vikas: Skill training is conducted for PwDs through the portal across the country.
  • Divyangjan Rozgar Setu: The platform aims to act as a bridge between PwDs and employers having jobs for PwDs. The platform provides geo-tagged based information on employment/earning opportunities within private companies as well as PwDs across India.

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.