“People with disability do not need to be fixed; they need to be accepted for what they are”
-Jordan Christian
INTRODUCTION
According to the World Health Organization about 1 in 6 people worldwide which is about 1.3 billion people, which is about 16% of the world’s population experience significant disability. Research done by the WHO pointed out that people with disabilities are more vulnerable and can pass away up to 20 years earlier than people with no disabilities. People with disabilities are not just of one group or race, but they are from all parts of the world, different cultures, religions, races, sex and economic groups. All these factors affect their life and experiences. According to the WHO, the health facilities are up to 6 times and finding affordable transportation is 15 times more difficult for a Divyang or a Specially-abled person.
The essence of the constitution of India can be understood from its preamble and upon reading the preamble we know that our constitution guarantees justice, equality, social security, and liberty to think, express and worship. All the rights and duties mentioned in the constitution under Part III and Part IV are also available to persons with disabilities as they come under the definition of “person” and “citizen”. The Eleventh Schedule to Article 243-G and Twelfth Schedule to Article 243- W talks about the responsibility of the panchayats and municipalities with respect to the welfare of the specially-abled. The ministry of welfare has since the beginning been divided into many different ministries and divisions to handle various sensitive issues. The Ministry of welfare was named as Ministry of Social Justice and Empowerment in 1998 on May 12, 2012, the Department of Disability Affairs was established separately in order to give focused attention to issues related to the welfare of the specially abled. The department envisions the Indian society to be inclusive and uniform in a way to provide equal opportunities for the growth and development of the divyangjan so that they can live fruitful, secure, and meaningful lives.
The Indian government strongly believes in “Divya Kala Shakti” which conveys the meaning that if given the right assistance and care just like any other individual the specially-abled like the socially perceived so-called “normal” have the potential to excel in every field be it academics, extracurricular activities like sports, literature, art or even basic life skills. This belief of the government is evident in the various policies, schemes and institutions that have been established over the years.
THE POLICY
There is one national policy in India that recognizes the needs of the specially-abled and views them as valuable human resources just like any other citizen of the country. The National Policy, 2006 or National Policy for persons with disability, 2006 was brought on 10th February 2006. The policy was bought with the focus being on the prevention of disabilities and rehabilitation measures for the specially-abled. According to the MSJE Annual Report 2022, the principal areas of intervention under this policy majorly revolves around the prevention of such disability as the government aims that no person succumbs to disability due to the unavailability of proper healthcare facilities. Another major aspect that the policy covers are the early identification or detection of the disability and the reason causing it so that medical intervention can take place at an early stage and the person can receive requisite medical assistance. The policy also aims to rehabilitate the divyangjans who were abandoned by their families and had no one to look after them. Walking on the narrative of “Divya Kala Shakti”, which is the narrative of human resource development, the department aims to provide and train the specially abled with the requisite resources and skills for leading a self-sufficient and dignified life. The major step in bringing out “Divya Kala Shakti” is education and then after education is employment. The department has promulgated various schemes and established statutory bodies to achieve these goals.
Providing a barrier-free environment and bridging the gap between the so-called “normal” people and the divyangjans by providing social protection and spreading social awareness is another major aim of the department.
THE BODIES
The government of India has also established various statutory bodies under this department specifically for the fulfilment of the aims and objectives of the department. The three most important bodies established under the department for the welfare of specially-abled people are
- Rehabilitation Council of India (RCI)
- Chief Commissioner of Persons with Disabilities
- The National Trusts
The RCI was established under the Rehabilitation Council of India Act 1992. The major activities that the council dealt with in the year 2021-2022 according to the latest report published by the Ministry were:
- The Distant Education cell under which around 2537 candidates have been enrolled in B.Ed. Special Education Open & Distance Learning Mode Course during the Academic session 2020-21 at 08 State Open Universities.
- Sensitization Programme
- Community-Based Inclusive Development
- Interactive Session with Heads of RCI-approved Institutions
The Chief Commissioner of Persons with Disabilities was established under section 57(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. The CCPD has the duty to review the safeguards provided by the Rights of Persons with Disabilities Act, 2016 or any other act or law. The CCPD also has the power to look into the complaints made and sometimes even take up Suo moto actions.
The National Trust was established by The National Trust for the welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999. It is a statutory body as it was constituted by the Act of Parliament mentioned above. The Trust was established to impart legal and welfare duties. The basic legal duty is imparted by Local Level Committees (LLC) and by providing legal guardianship as mentioned in the MSJE Annual Report 2022. The welfare duties are discharged by various schemes. The National Trust’s operations include, among other things, training, awareness, and capacity development programs, as well as housing, care, and empowerment. The National Trust is devoted to facilitating equal opportunities, rights protection, and full involvement of people with disabilities (divyangjan), as defined by the Act.
THE SCHEMES
A Chiliad of schemes have been promulgated by the department. Various scholarships, schemes like the Deendayal Rehabilitation Scheme, Scheme for Implementation of the Rights of Persons with Disabilities Act, 2016 (SIPDA) or various schemes like Disha, Vikas, Samarth etc. under the National Trust have also been established.
Under the SIPDA scheme, the department aims to sensitize the public and the common people about problems faced by the divyangjans and aims to make the life of these people easier. The government through this scheme wants to focus on education and skill development. They also aim to make public spaces and transportation more accessible for the specially-abled. The government under this scheme itself launched a nationwide flagship campaign titled “Sugamya Bharat Abhigyan” and aimed at making the lives of these people easier by providing them with various facilities and equal opportunities.
Schemes like Niramaya aim to make healthcare facilities and health insurance easily accessible and affordable for the divyangjans. Schemes like Gyanprabha andSahyogi aim to provide the specially-abled people with enough facilities like establishing CGCs or Caregiver Cells and training them in educational and vocational courses. These CGCs will train people to create a skilled workforce which is aimed to take care of people with disabilities and their families.
Schemes like Vikas and Gharaunda (Group home for adults) were established to provide care facilities. Vikas aims to provide daycare facilities for the divyangjans and aims to provide them with vocational training which will in turn facilitate them in leading their life. Whereas Gharaunda aims to provide housing and care services throughout their life.
CONCLUSION
There are various challenges that will come in the path of providing the Divyangjans with various welfare schemes and assistance so they can show their “Divya Kala Shakti”. The biggest challenge that still stands strong and muscular in front of the government of India and the Department to handle is the attitude of the general public towards the specially-abled. The only key to this obstacle is “Awareness”. The other major challenge is to make public places and healthcare facilities more accessible to the specially-abled and the solution to this problem is better policy implementation and utilization of funds allocated and increasing the budget allocation for the department. According to the 2022 annual Ministry of Social Justice and Empowerment Report, The Budget Estimate for the financial year 2021-22 for the Department was Rs. 1171.77 crores and the Revised Estimate is 1044.31 crore and the Actual expenditure in 2021-22 (as on 31.01.2022) was Rs. 540.81 crore.
In the end, I would like to quote
“If I have the belief that I can do it, I shall surely acquire the capacity to do it even if I may not have it at the beginning.”
–Mahatma Gandhi