Introduction
The power of words is undeniable, and when it comes to the way we speak of the disabled, the impact can be both profound and destructive. Disabled individuals have historically been viewed through the lens of stigma, pity, and dread, thereby propagating prejudices and creating barriers to their social inclusion. Though with progress in terms of mindset and legislation towards the inclusivity of different communities, positive developments and initiatives have taken place, the prejudices still cloud the judgment in present-day towards the credibility and capabilities of those who are disabled.
India is one of the signatories to the United Nations Convention on the Rights of Person with Disabilities (UNCRDP). Further, it accommodates a legislature that is receptive to adaptation and advancement in order to address the legal necessities of individuals with disabilities within the country. After years of advocacy regarding the rights of the Indian disabled community, the Indian government amended the Rights of Persons with Disabilities Act, 1995, in 2016, expanding the purview and recognition of those covered by the act and extending legal assistance and security to those who were not previously protected by the Act. The recent Act has expanded the recognition of disabilities from 7 to 21 types in India. This provides India’s testimony towards holding a progressive mindset, at least in the legal context anyway. However, the criticism and the shortcomings towards the actual progress of the disabled community in India lie in the political and social context, which dramatically decreases the impact of positive legislation towards the community.
The diversified legal recognition in India
As previously stated, India revised its initial legislation in 2016, expanding the criteria for defining different types of disabilities. The act, Rights of Persons with Disabilities (RPwD), recognises legitimate inclusion and the amendment widens the legal recognition of mental, physical, and intellectual disability. RPwD introduces a novel definition of disability as a perpetually evolving notion, thereby allowing for greater inclusivity in the future and holds significant importance in the realm of disability rights.
The amendment branches out to provide legal protection to individuals with physical disabilities, including those with dwarfism and acid attack victims. Moreover, a proactive measure towards promoting inclusive awareness of a wider range of conditions that are not commonly understood by the general populace, such as autism spectrum disorder, which falls within the classification of intellectual disabilities. The revision demonstrated a notably forward-thinking approach by incorporating diseases that are relatively specialised and frequently unfamiliar to the population as a whole, such as Thalassemia and Sickle Cell Disease, within the category of Blood Disorders.
Although the Act may appear idealistic at first inspection, its execution and intricacies present obstacles to the forward-thinking intention behind it. Certification is a significant legal concern. The Unique Disability ID (UDID) is a project that has been implemented as per the Act, with the aim of enhancing transparency and effectiveness in enabling disabled individuals to access their legal and economic benefits. Additionally, the project seeks to establish an online database of disabled persons in India.
Upon obtaining proper authorization and validation, a certificate is issued, which can provide further assistance in matters pertaining to legal support. A fundamental concern inherent in this innovative measure pertains to the verification procedures, as well as the scope of disability that is to be encompassed. One of the primary inquiries that emerges involves the problem of abuse of alcohol. Here, the term “disability” is a subject of debate, as it is contingent upon determining whether there exists a correlation between alcohol or substance abuse disorder and the onset of disability. Numerous psychiatrists have expressed apprehension regarding the potential misuse of disability benefits by patients with substance use disorder for the purpose of acquiring more such harmful substances. As a result, they may decline to evaluate the disability in such cases. Nonetheless, several other countries, such as Canada, classify instances of extreme alcohol abuse as a form of disability, even extending protection to safeguard individuals against discrimination in terms of employment. This, alongside other concerns such as evaluation for autism spectrum disorder, a condition that manifests in individuals across a spectrum of severity, with a significant proportion remaining undiagnosed throughout their lives.
Moreover, the legislation embodies a progressive outlook for the community, and the challenges pertaining to its execution and implementation are frequently deliberated by policymakers in India. However, the main worries must be directed toward the social and political context, which presents a greater challenge than the mere amendment of legislation.
‘Disability’ or ‘Inability’: A Social Failure
The Indian disabled community encounters barriers that stem from attitudes within society, which are typically expressed through either indifference or pity. The perception of individuals with disabilities as being frequently unable to achieve parity with their peers, and in worse instances, as being inferior to them. It is unrealistic to assume that the mere implementation of progressive legislation is adequate in ensuring equitable opportunities, facilities, and dignity within society. Although the RPwD Act may appear commendable in theory, the marginalisation and challenges faced by individuals with disabilities are deeply ingrained in society and necessitate a concerted effort to eliminate them. It can be inferred from a basic observation that individuals with disabilities are often viewed as patients or, in harsher terms, a “burden” to their families. This phenomenon involves subjecting individuals with disabilities to heightened scrutiny regarding their potential financial impact, particularly those with complex medical needs necessitating costly treatments and evaluations.
Another intricate matter that emerges is economic strata. Undoubtedly, there is a section of individuals belonging to the upper class of society who possess both knowledge and compassion. Individuals with disabilities who belong to higher socio-economic strata encounter fewer challenges related to financial burden and inadequate support systems compared to those who belong to lower strata of the economy. Likewise, there exist further disparities at the intersection of various identities within the disabled community. Numerous studies indicate that women with disabilities experience a greater degree of discrimination and harassment compared to their male counterparts. Likewise, these intersections exist within the framework of the caste system. Disabled women from marginalised communities constitute one of the most oppressed sections of society in this way. These women are subjected to discrimination due to their lower strata, gender, and disability.
Societal barriers can impede progress in various domains, including economic and financial opportunities, as well as infrastructural development. The inadequate consideration of disabilities and their management, including the very rights of individuals with disabilities, poses a barrier to people with disabilities from low-income backgrounds to access medical aid. While it cannot be denied that India has been improving its infrastructure and legislation more to accommodate disabled Indians, there is serious consideration required to give in terms of facilities required in educational institutions, ATMs, and public places such as malls and parks. Despite the constant attempts for dissemination of awareness regarding this, huge parts of the Country still lack basic facilities. According to a report, 70% of the schools in Tamil Nadu are not equipped with facilities for children with special needs (CSWN).
Growth and policy formation are not innately quick processes, and constant criticism of progress is not the solution. However, literature on this genre must not be construed as a mere complaint emphasizing potential flaws or, in the worst case, as “ungrateful”; such discourse is necessary to demonstrate the stagnancy and frequency with which these issues are disregarded. The possible solutions or alternatives have been part of the debate for a predominate time; in fact, even the legislation has largely caught up. However, India’s interpersonal communication falls short. The concept must be driven by inclusion, not segregation, of the disabled.
In educational sectors, professionals must be provided with more expertise in order to comprehend and interact with children with various abilities, as well as policies incorporating housing require reformation in a manner that disabled persons can stand on equal footing. Countries such as Sweden, have extensively formulated public policies in such matters, imparting education to not only the target community but to the entire nation. This accomplishes not only by a well-versed set of policies but also an educated populace that does not make distinctions against the disabled out of disdain or pity. This shared value of viewing everyone as equals paired with legislation that ensures the backing to make sure everyone appears equal, strongly supports the notion of inclusion, not segregation.
Conclusion
The basic and crucial requirements are still in their nascent phase within the nation. This highlights the necessity for a significant shift in societal attitudes towards the disabled community, as well as a recognition of the pressing need to address their challenges through the implementation of effective strategies. There is a need for increased educational awareness and campaigns aimed at elucidating the legal rights of individuals with disabilities. By implementing these essential measures, India can advance further towards a trajectory of favourable development for individuals with disabilities. This discourse regarding the entitlements and hindrances experienced by individuals with disabilities may pave the way for addressing other sensitive topics, including sexuality and reproductive rights for this community.
Furthermore, although the amendment represents a favourable advancement, there are additional aspects to consider. In order to effectively elevate the disabled community and promote equitable treatment, significant structural modifications must be implemented in conjunction with progressive legislation.
The Author, Meenakshi Manish, is a 2nd year law student at Institute of Law, Nirma University.