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