| Over two thirds of them live in
| |
| | and communication. The impact of
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| developing countries. Only 2 per cent of
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| | well-directed legislation in the long run
|
| disabled children in the developing world
| |
| | would be profound and liberating. One out
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| receive any education or rehabilitation.
| |
| | of every ten people in India suffers from
|
| The link between disability and poverty
| |
| | one form of disability or the other that
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| and social exclusion is direct and strong
| |
| | is they possess physical or mental
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| throughout the world. India is not far
| |
| | impairment substantially limits one or
|
| behind as the statistics shows it has
| |
| | more of major life activities. Inother
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| over 90 million disabled persons, barely
| |
| | words, 90 million of our countrymen live
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| one percent of whom are employed.
| |
| | with, and learn to overcome in their own
|
| The disability rights debate is not so
| |
| | individual ways, problems which
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| much about the enjoyment of specific
| |
| | non-disabled can seldom understand. The
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| rights as it is about ensuring the equal
| |
| | law should enable not only one in ten
|
| effective enjoyment of all human rights,
| |
| | people but also nine out of every ten
|
| without discrimination, by people with
| |
| | people to lead their lives to their
|
| disabilities. The non-discrimination
| |
| | fullest potential. The law declares that
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| principle helps make human rights in
| |
| | disability need not be an insurmountable
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| general relevant in the specific context
| |
| | handicap as long as it can be properly
|
| of disability. Non-discrimination, and
| |
| | understood and catered for. The law
|
| the equal effective enjoyment of all
| |
| | attempts to eradicate factors which
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| human rights by people with disabilities,
| |
| | produce low self-esteem in disabled
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| is long-overdue reform in the way
| |
| | people and empowers them to confront the
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| disability and the disabled are viewed
| |
| | insensitivity and ignorance of others.
|
| throughout the world. The process of
| |
| | The Legal Framework
|
| ensuring that people with disabilities
| |
| | A comprehensive Act known as Persons with
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| enjoy their human rights is slow and
| |
| | Disabilities (Equal Opportunities,
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| uneven. But the good thing is it has
| |
| | Protection of Rights and Full
|
| started taking place, in all economic and
| |
| | Participation) Act 1995 (Act 1 of 1996)
|
| socialsystems. It is inspired by the
| |
| | was unanimously passed by both the houses
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| values that underpin human rights: the
| |
| | of Parliament on 22nd December 1995,
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| inestimable dignity of each and every
| |
| | which got the assent of the President on
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| human being, the concept of autonomy or
| |
| | 1st January 1996. The Act has 14 chapters
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| self-determination that demands that the
| |
| | and seeks to:a) Spell out the state's
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| person be placed at the center of all
| |
| | responsibility towards prevention of
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| decisions affecting him/her, the inherent
| |
| | impairments and protection of disabled
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| equality of all regardless of difference,
| |
| | people's rights in health, education,
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| and the ethic of solidarity that requires
| |
| | training, employment and
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| society to sustain the freedom of the
| |
| | rehabilitation;b) Work to create a
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| person withappropriate social supports.
| |
| | barrier-free environment for disabled
|
| Global Scenario
| |
| | peoplec) Work to remove discrimination in
|
| Over the past two decades a dramatic
| |
| | the sharing of development benefitsd)
|
| shift in perspective has taken place from
| |
| | Counteract any abuse or exploitation of
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| an approach motivated by charity towards
| |
| | disabled peoplee) Lay down strategies for
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| the disabled to one based on rights. In
| |
| | a comprehensive development of programmes
|
| essence, the human rights perspective on
| |
| | and services and for equalization of
|
| disability means viewing people with
| |
| | opportunities for disabled people; andf)
|
| disabilities as subjects and not as
| |
| | Make provision for the integration of
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| objects. It entails moving away from
| |
| | disabled people into the social
|
| viewing people with disabilities as
| |
| | mainstream.
|
| problems towards viewing them as holders
| |
| | The Act has been in effect from 7th
|
| of rights. Importantly, it means locating
| |
| | February 1996.
|
| problems outside the disabled person and
| |
| | Enforcement
|
| addressing the manner in which various
| |
| | One of the weaknesses of much of the
|
| economic and social processes accommodate
| |
| | legislation has been that the enforcement
|
| the difference of disability - or not, as
| |
| | of their provisions has been left to the
|
| the case may be. The debate about the
| |
| | Courts of Law without specifying summary
|
| rights of the disabled is therefore
| |
| | procedures to be followed in the event
|
| connected to a larger debate about the
| |
| | ofproceedings under the respective
|
| place of difference in society.
| |
| | legislations. This makes it difficult for
|
| The shift to the human rights perspective
| |
| | persons with disabilities who usually
|
| is also reflected in the fact that
| |
| | have limited resources and legal
|
| national institutionsfor the promotion
| |
| | knowledge to participate in complicated,
|
| and protection of human rights throughout
| |
| | lengthy and expensive legal process.
|
| the world have begun to take an active
| |
| | At the same the definition of disability
|
| interest in disability issues. This is
| |
| | as given in 1995 Act needs to be widen to
|
| important since these institutions help
| |
| | protect the rights of people suffering
|
| in providing a bridgebetween
| |
| | from HIV, leprosy and internal organ
|
| international human rights law and
| |
| | failure. Currently the Act gives
|
| domestic debates about disability law and
| |
| | protection to those suffering from,
|
| policy reform. National institutions are
| |
| | blindness, low vision, leprosy cured,
|
| strategic partners in the process of
| |
| | hearing impaired, mental retardation,
|
| change, and their increasing engagement
| |
| | mental illness and locomotor disability.
|
| on the issue of human rights for persons
| |
| | There are 600 million people in the
|
| with disabilities is a highly encouraging
| |
| | world, nearly ten percent of the world's
|
| sign for the future.
| |
| | population, who suffer from one
|
| People with disabilities themselves are
| |
| | disability or the other. Of these, 90
|
| now framing their long-felt sense of
| |
| | million are from India. However, even
|
| grievance and injustice into the language
| |
| | then, the total percentage of the
|
| of rights. Isolated injustices need no
| |
| | disabled people in India is just six per
|
| longer be experienced in isolation. NGOs
| |
| | cent of its population while in the
|
| working with disability issues such as
| |
| | developed nation like USA the disabled
|
| the collaborative project Disability
| |
| | population's percentage is nine percent.
|
| Awareness in Action arebeginning to see
| |
| | This is not because there are more
|
| themselves also as human rights NGOs.
| |
| | disabled persons in USA but because the
|
| They are beginning to collect and process
| |
| | definition of disability is wider in USA.
|
| hard information on alleged violations of
| |
| | Besides limited scope, there are some
|
| the human rights of persons with
| |
| | other lacunae in the act too. There are
|
| disabilities. While still relatively
| |
| | no guidelines and no deadlines set for
|
| limited, their human rights capacities
| |
| | non-adherence. Most government and
|
| are growing. A similar process of
| |
| | semi-government organisations do not
|
| self-transformation is under way within
| |
| | strictly follow the guidelines to reserve
|
| traditional human rights NGOs, which are
| |
| | three per cent jobs for disabledand yet
|
| increasingly approaching disabilityas a
| |
| | they go unpunished. Also, as per the Act
|
| mainstream human rights issue. This is
| |
| | the compensation is to be awarded to a
|
| important, since these NGOs have highly
| |
| | disabled as per the financial capacity of
|
| developed structures, and the development
| |
| | the employer. The employers often take
|
| of a healthy synergy between disability
| |
| | advantage of this clause. Also, a
|
| NGOs and traditional human rights NGOs is
| |
| | provision to award some temporary
|
| not only long overdue, but inevitable.
| |
| | relieves, till the case is decided, to
|
| States parties are demonstrably moving in
| |
| | the affected (disabled) employee needs to
|
| the direction of the human rights
| |
| | be incorporated. In the age of growing
|
| perspective on disability. Recent
| |
| | consumerism and glamour this is how we
|
| research shows that 39 States in all
| |
| | view them, "Customs duties on
|
| parts of the world have adopted
| |
| | semi-precious stones and raw cultured
|
| non-discrimination or equal opportunity
| |
| | pearls is 5 percent while the duty on
|
| legislation in the context of disability.
| |
| | hearing aids is 15 percent. If cordless
|
| States parties' dialogue with the human
| |
| | phones are charged only 15 percent duty,
|
| rights treaty bodies is constructive in
| |
| | the disabled shell out 25 percent as
|
| the context oftheir efforts to secure
| |
| | surcharge on crutches and artificial
|
| disability reform; a significant amount
| |
| | limbs."
|
| of good practice now exists on a
| |
| | Conclusion
|
| worldwide basis, which can be usefully
| |
| | The act has come a long way since its
|
| propagated through the human rights
| |
| | inception and the real danger now is that
|
| treaty system.
| |
| | those who had been vigorously demanding
|
| The Indian Experience
| |
| | its enactment might become complacent and
|
| The human rights movement in India has
| |
| | think that the job has been done. The Act
|
| boldly and categorically shifted the
| |
| | must be implemented in schools and
|
| attention of policy makers from the mere
| |
| | colleges, in factories and workplaces, in
|
| provision of charitable services to
| |
| | transport and shopping centers. People
|
| vigorously protecting their basic right
| |
| | with disabilities, and those who care for
|
| to dignity and self-respect. In the new
| |
| | them, must ensure thatdiscrimination is
|
| scenario, the disabled are viewed as
| |
| | outlawed and barriers are removed as much
|
| individuals with a wide range of
| |
| | from the physical environment as from the
|
| abilities and each one of them willing
| |
| | attitudes of ordinary people. The real
|
| and capable to utilize his/her potential
| |
| | battle for the right to full citizenship
|
| and talents. Society, on the other hand,
| |
| | and active participation of disabled
|
| is seen as the real cause of the misery
| |
| | people is ahead. The Act is comprehensive
|
| of people with disabilities since it
| |
| | but must be enforced with sincerity and
|
| continuesto put numerous barriers as
| |
| | determination. "What is disability - your
|
| expressed in education, employment,
| |
| | frame of mind is the real disability".
|
| architecture, transport, health and
| |
| | Let us change our attitudes and help to
|
| dozens of other activities.
| |
| | change others. Make a commitment to end
|
| In a country like India the numbers of
| |
| | unfair and unfounded prejudices. Open
|
| the disabled are so large, their problems
| |
| | minds and doors to people with
|
| so complex, available resources so scarce
| |
| | disabilities. Repeat in speeches,
|
| and social attitudes so damaging, it is
| |
| | writings and films three words:
|
| only legislation which can eventually
| |
| | Disability, Equality, Liberty. Listen to
|
| bring about a substantial change in a
| |
| | disabled people. Serve disabled people.
|
| uniform manner. Although legislation
| |
| | Work with disabledpeople. Travel with
|
| cannot alone radically change the fabric
| |
| | disabled people. Shop with disabled
|
| of a society in a short span of time, it
| |
| | people. Have them as friends. Mere
|
| can nevertheless, increase accessibility
| |
| | changing the Acts and passing
|
| of the disabled to education and
| |
| | legislation's will not help. The need is
|
| employment, to public buildings and
| |
| | to change the attitude of the society.
|
| shopping centers, to means of transport
| |
| |
|
