Introduction:
There are presently over 1 billion individuals worldwide that are disabled. A handicapped person, according to the World Health Organization (WHO), is someone who has “a problem with physical function or structure, an activity limitation, difficulty performing a task or action; with a participation restriction.” Every year, an increasing number of individuals become disabled. The most vulnerable people are frequently the ones who are exposed to the most risk. According to the World Health Organization, “the number of individuals with impairments is growing as the population ages and chronic illnesses become more prevalent.” Specially-Abled people require care and special services for the same reasons that everyone else does: to be healthy, active, and involved in society.
A Disabled Person
A disabled person is any individual who is at a physical or mental disadvantage as compared to an average person. The Indian Constitution recognizes a total of twenty-one disabilities which include blindness, partial blindness, inability to hear or speak properly, autism, people who were affected with leprosy and are now cured, acid attack victims, etc. Under Article 253 of the Indian Constitution, as well as Union List item No. 13, the Rights of Persons with Disabilities Act, 2016 (R.P.W.D.) was enacted. These people have a hard time competing with others in terms of education, sports, jobs, etc. Because of this disadvantage, and to uphold their fundamental right to equality, the governments of all nations, establish certain provisions and laws to give them a certain advantage in various fields in order to make up for what they lack in their physical capabilities.
Specially-abled people are empowered to live their lives however they want to. There have been numerous people in the past and present, who didn’t let their disability obstruct their course of achievements. Ms. Arunima Sinha is one of the most courageous people to successfully scale numerous mountains, including Everest, despite having both her legs amputated in a train accident. One of the most famous scientists, Stephen Hawking, has achieved great heights in the scientific field despite being paralyzed. Helen Keller is another great inspiration to the world for establishing great achievements after losing her sight as a child. Walt Disney, the pioneer of the Film Industry of America and the founder of Mickey Mouse, was a dyslexic child. The list of people who overcame the barriers and obstacles that they thought their disability set for them, is endless, and their achievements are nothing short of a remarkable feat.
Rights of Persons with Disabilities Act, 2016
In India, there was a pressing need for such legislation because there was no comprehensive law in place to define and implement the rights of individuals with disabilities. Any person who is at a certain physical or mental disadvantage is recognized as a specially-abled person under the RPWD Act of 2016 and is entitled to all the benefits and special care, provided by the same. This Act lays down provisions for the government to take actions upon, provides the rights and entitlement to the people with disabilities, safeguards the special need and care meant for the specially-abled people, and contains the areas in which the PWD is meant to avail special treatment. This Act was amended in 2016 and fourteen more disabilities were added amongst the ones which were recognized by the previous version of this Act. Since acid assaults have unfortunately become more common in India in recent years, acid attack victims have been added to the PWD list. As a result of such atrocities, many girls and women are deformed or crippled and the Act aims to provide them certain reliefs and benefits to ensure that they are still able to freely live their lives. Despite that, Muscular diseases and defects, blood disorders, and various other disabilities have been added to the amended Act.
Certain actions and legislation have been enacted in order to provide Special Rights and Care to PWDs. People with disabilities have the right to equality and a non-discriminatory environment. The constitution gives people the right to live a dignified life while also ensuring that their integrity and individuality are preserved. To ensure that the PWD is not mistreated, the Constitution guarantees them seats in educational institutions and jobs. PWDs have the right to seek government employment and promotions, study at prestigious schools and institutes, and be promoted, among other things. The RPWD Act empowers the government to take harsh action against individuals or organizations who discriminate against PWDs or deny them their basic rights. The Act also includes a particular provision for Specially-Abled Women and Children, as well as several references to the PWD’s right to equality and equal opportunity.
The PWD is also entitled to a safe and just environment. It is against the law, to subject any specially-abled person, to ill-treatment and degrading behavior. The RPWD Act protects the PWD from inhuman treatment, any physical, mental or emotional torture, exploitation, abuse, and violence. Anyone who “intentionally insults or intimidates intending to humiliate a person
with a handicap in any area within public view”, would be imprisoned and/or imposed with a hefty fine, according to the RPWD Act. Furthermore, no one can subject any PWD to any form of research without the prior consent of the person involved and the Committee set to safeguard their rights and integrity. This Act also provides the direction to the respective state governments to form district-level committees, for hearing and resolving the local issues and matters of the PWD. The Act also contains the procedure to be followed to apprehend any person(s), who commit any crime or immoral act against any Specially-Abled Person. Moreover, the PWD may also be entitled to protection and monetary maintenance in the event of such injustice. The PWD is also entitled to avail of free legal aid and approach the appropriate authorities to safeguard and claim their rights. The creation of separate courts in each district is another essential component of this Act. The cases which involve a specially-abled person would be heard in these designated special courts.
Like the rest of the population of a country, the PWD has every right to live their life with freedom. They have a Right to life, the Right to equality, the Right to freedom of speech and expression, the Right to Vote, etc. The PWD has the basic human right to settle, start a family, produce offspring, etc. They are empowered by the law, to avail themselves of quality education, access their rights, and seize opportunities. The Government also introduces the reservation system for the PWD in schools and colleges, to empower them and provide them with the support that they require. In India, a huge percentage of specially-abled children do not receive adequate schooling. This act provides that every disabled kid gets free education from the age of six to eighteen. The Act increased the reservation limit from 3% to 4% in order to expand work possibilities for people with disabilities. This implies that handicapped persons will be considered for 4% of all openings in government bodies.
The PWD also deserves the Right to extra care. The Government provides the PWD with many benefits that make their day-to-day life, a lot easier. For instance, they are provided priority in availing certain services such as hospitals, shops, etc. There are separate parking spots designated for the PWD and there are also reserved seats for them in various public transports, like the Metro. The PWD also gets special assistance in risk-prone areas or the event of a natural disaster. They are provided with wheelchairs, oxygen cylinders, etc., according to their requirements and needs.
There aren’t many flaws in this act. However, the assessment of a disability needs to be accurate and shouldn’t consume a lot of time. In India, legal matters are known to take a lot of time and tire out the people in the process. Some are corrupt and siphon out the funds that the government provides for the ones in need. The Government of India should also be open to consider and accept more disabilities and not exclude any category of people who are at a physical or a mental disadvantage. This Act also doesn’t cover a lot of mental disorders, such as extreme bipolarity and depression, and we are still unable to adequately provide for the mentally disabled. There should also be a clear distinction made between temporary and permanent disabilities, and future acts should contain remedies for the same.
United Nations and Other Countries
The United Nations Human Rights Commission also takes up certain initiatives, to better the conditions and situations of the PWD. Initiatives that incorporate the PWD, such as the Disability-Inclusive Sustainable development Goals, issued by the Commission, include resources and guidelines to support the specially-abled people to follow through the sustainable development goals. The convention on the Rights of people with disabilities (CRPD), 2020, produced a Human Rights perspective towards the understanding and implementations of the provisions advanced in the same. This convention laid down certain indicators for the better comprehension of the PWDs and their requirements and it acts as a guide for a measure to be taken, to implement the CRPD, whilst also acting as a means for assessing the progress made. This convention was endorsed in 82 countries.
Before that, United Nations General Assembly adopted a declaration on, ‘Rights of Disabled Persons’ in 1975, assigning equal status to all disabled people, like any other person. This declaration consisted of anti-discriminatory clauses, the definition of a disabled person, declared that disabled people had the right to a dignified life, etc. Before this declaration, United Nations approached disability as social welfare project rather than as a necessity. Disability rights were clubbed together with social welfare schemes including provisions like job training, job placements, education, etc. These efforts by the UN approached disability from a human rights perspective and rightly so. Another UN initiative was the International Year of Disabled Persons of 1981, which aimed at implementing the ‘World program of action’ and the ‘Standard Equalization Rules, for addressing the situation of the disabled people of the world.
Specially-Abled people face a lot of discrimination and injustice regularly. Their rights are imposed upon and they are degraded in terms of their disability in public schools, their offices, the community they live in, etc. Despite their physical or mental hindrances, the social stigma affects them gravely. This social stigma, in India, worsens as people of this country are known for their stereotypes and strong beliefs. Disable people get mistreated with the mindset that their disability was caused by evil entities, karma, or black magic. However, in recent years, besides the RPWD Act of 2016, India has come to adopt the Development Plan for Handicapped people, proposed by the United Nations. This positive change might be a new ray of hope for the specially-abled people in India.
According to a study, countries like; The Netherlands, New Zealand, Canada, Mali, etc., have the highest index amongst countries that are the most acceptable to people with mental disabilities. Countries like Portugal, Brazil, Spain, France, etc., have the most Disability-friendly provisions installed and available for the general public.
In the year 1990, the Americans with Disabilities Act (ADA) was signed into law in the USA. The Americans with Disabilities Act (ADA) is a civil rights law that bans discrimination against people with disabilities in all aspects of public life, including work, schools, transportation, and all public and private locations open to the public. The law’s goal is to ensure that persons with disabilities are afforded the same rights as everyone else. This Act focused on non-discrimination in public places, accommodations, services, etc., and outlined the procedures to be followed by the administration to implement the provisions of the same.
In Canada, they have the Charter of Rights and Freedom and the Human Rights Act, which includes and provides security to specially-abled people. The Charter and the Acts also support certain programs and schemes to improve the situation of disabled people.
Conclusion
Article 14 of the Indian Constitution, talks about equality and no discrimination between people. Providing special rights to sections like the PWD might clash with the article for some people. However, to enforce this said, ‘Equality’, one must consider certain aspects. For instance, the PWD Section of society is naturally at a disadvantage as compared to an average person. For a competition to be just, this, ‘Unfair advantage’, ensures the ginormous gap between the average person and the specially-abled person. Furthermore, because of these natural or circumstantial disabilities, the person might suffer from oppression, depression, unfairness, etc. Equality must also exist between equal people. E.g., teachers usually allow a student to claim the front row seats due to their inability to have a clear visual of the blackboard. It is fair and just, that a person with poor eyesight, is subjected to such special treatment. This ‘Special Treatment’, is the special provisions that are passed as Acts and Laws, which exist for the sole purpose of boosting the social, economic, mental, and physical standing of the specially-abled people.
Despite the law being established, if their part of the respect and justice isn’t provided timely or efficiently, it’ll lose its’ luster, and the PWD would be oppressed and discriminated against like they have always been. The Government and the people of the society, need to realize the importance of equality of the disabled people if they aim to achieve the egalitarian dream that the Preamble of our Constitution speaks of.
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