India Has a Long Road Ahead to Combat Challenges Faced by Persons With Disabilities

There needs to be a shift from a charity-based approach to a rights-based approach.

Martand Jha

03/Dec/2017

World Bank data on the total number of disabled in India suggests the number to be between 40
to 80 million. Credit: Reuters

December 3 is a significant day for millions of persons with disabilities across the globe. It has
been marked as the International Day of Persons with Disabilities by the United Nations since
1992. It has been more than 25 years since the United Nations General Assembly adopted the
Resolution 47/3, to mark this day.

As per the United Nations, “the aim behind the annual observance of this day is to promote the
rights and well-being of persons with disabilities in all spheres of society and development; and to
increase awareness of the situation of persons with disabilities in every aspect of political, social,
economic and cultural life.”

Disability in India

Today, there are millions of people living with one or multiple disabilities. In India, the population
with disabilities is around 26.8 million, constituting 2.21% of India’s total population, if one goes
by the 2011 population census data. Disability rights activists and academicians working on
disability issues, however, say that these numbers in the census are a very small percentage of
the actual numbers. World Bank data on the total number of persons with disabilities in India
suggests the number is between 40 and 80 million.

Whatever the difference between official figures and figures estimated by global institutions, what
is clear is that persons with disabilities constitute a significant part of the Indian population. Their
numbers are more than the total population of many countries in the world, and India has one of
the highest numbers of people with disabilities globally.

Despite constituting such a significant proportion of the total population, persons with disabilities
live a very challenging life. Their ‘disability’ is often seen as their ‘inability’ by many and people in
general have preconceived notions about their capabilities. There have been many cases where
employers have denied a job to a candidate with a disability, citing the usual ‘not found suitable’.

The main problem lies in the psyche of a significant mass which considers persons with
disabilities a liability, and this leads to discrimination and harassment against them and their
isolation from the mainstream.

While writing the foreword to the World Report on Disability 2011, professor Stephen Hawking
stated:

Disability need not be an obstacle to success. We have a moral duty to remove the barriers to
participation, and to invest sufficient funding and expertise to unlock the vast potential of people
with disabilities. Governments throughout the world can no longer overlook the hundreds of
millions of people with disabilities who are denied access to health, rehabilitation, support,
education and employment, and never get the chance to shine.

Ideally, these words should be put into action by governments all over the world, and some
progressive countries have taken action to make life easier for their citizens with disabilities. India
still lags behind in a big way when it comes to removing infrastructural, institutional and attitudinal
barriers for the persons with disabilities. Even now, most buildings in India are not disability-
friendly, despite the government of India, under the Accessible India Campaign, instructing all
ministries to make their buildings accessible to persons with disabilities.

It is a welcome step but it will take a lot of time for a culture to be developed in India, where the
needs of the population with disabilities are kept in mind while building any infrastructure.
Historically, people with disabilities as a community have been targeted and discriminated against
across the world. In fact, if one looks carefully, the population with disabilities constitutes the
world’s largest ‘unrecognised minority’ group.

Who is a person with disability?

The most important element in the discourse on disability is to assess who is a person with
disability. Disability is not a homogeneous concept, as it varies from person to person. Seen
through a microscopic lens, one person will always be more or less disabled than the other, in
terms of their relative physical capabilities.

The Social Statistics Division under the Ministry of Statistics and Programme Implementation,
government of India, came up with a report titled Disabled Persons in India: A statistical profile
2016. While defining disability, the report states:

From the conceptual point of view, there is no universal definition of what constitutes a disability
or of who should be considered as having a disability. Moreover, there is no one static condition
of disability. A disability is a result of the interaction between a person with a health condition and
a particular environmental context.

This report reveals that as per 2011 population census, 20% of persons with disabilities in India
have a disability in movement, 19% have a disability in seeing, 19% have a disability in hearing
and 8% have multiple disabilities. The report also highlights that the number of persons with
disabilities is highest in the age group 10-19 years (46.2 lakh people).

The United Nations Conventions on the Rights of Persons with Disabilities defines disability
differently. It says:

Disability results from the interaction between persons with impairments and attitudinal and
environmental barriers that hinders their full and effective participation in society on an equal
basis with others. Persons with disabilities include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may hinder their full
and effective participation in society on an equal basis with others.

The World Report on Disability 2011 sums up the various definitions of disability by stating that
“Disability is complex, dynamic, multidimensional, and contested”.

Why is there such a large population of persons with disabilities?

As one looks at the staggering number of people with disabilities in India, the first question that
comes to mind is why are the numbers so high? And can they be reduced?

Despite constituting such a significant proportion of the total population, persons with disabilities
live a very challenging life.

Disability is generally classified into two types. One is when a person is born with a disability
while the other is when a person acquires a disability during his/her life. In the first case, the
reason is often the lack of good and accessible medical facilities, resulting in various medical
complications for both the pregnant mother and the unborn child, often leading to a disability for
the child.

Another reason is the lack of care given to pregnant mothers during pregnancy. Data on disability
points to a correlation between ‘disability’ and ‘poverty’. A large number of people with disabilities
are born in to poor households. This is not just a mere coincidence. This is due to the fact that
pregnant mothers have to work until the very late months of their pregnancy under very harsh
conditions to make ends meet.

This lack of care due to systemic fallacies leads to medical complications during pregnancy
leading to the birth of children with disabilities in many cases. The population census data 2011
also points out similar trends when it says that 69% of the total population of persons with
disabilities in India resided in rural areas. This again not a coincidence – it is primarily because of
lack of awareness, lack of care provided to pregnant women and lack of good and accessible
medical facilities that the number of persons with disabilities in rural areas is more than double
the number in urban areas.

So, a large percentage of the population with disabilities can be reduced if two out of three listed
causes for child births with disabilities can be eliminated. The first being lack of awareness and
care to pregnant mothers and second, the lack of good and accessible medical facilities across
the rural heartland. For eliminating both these barriers, the state governments need to invest
heavily in their health sector as health comes under the ‘state subject’ in our constitution.

It is the third listed cause that is the real challenge for any government – the fight against poverty.
It is poverty that forces a poor pregnant woman to work in the late stages of her pregnancy.
Poverty provides a ripe ground for the birth of persons with disabilities – both during and after.

The other type of disability, as discussed above, is acquired disability. This could happen due to
various reasons including accidents, disasters, wars, violence and other factors. All these are
“controllable” (except natural disasters). Every year thousands of people acquire permanent
disability in road accidents; and the individual’s – as well as the nation’s – physical potential gets
reduced.

The way ahead

The first thing to be done is to move away from the ‘charity-based approach’ to the ‘rights-based
approach’. A significant proportion of people see a person with disabilities as an object of
‘sympathy’ and ‘pity’ thereby leading to their ‘othering’ and their treatment as a third-class citizen
in the country.

This is not just a metaphorical statement. When was the last time India had a celebrity with
disabilities or a person with disabilities was recognised popularly?

This is because of systemic attitudinal apathy and discrimination against persons with disabilities
as many able-bodied people are just not ready to see a person with disabilities as an ‘equal
member’ of society.

The identity of such a person is therefore often left to just being a person with disabilities in the
eyes of the rest. In recent years though, the discourse of disability has certainly gained
momentum. In the public sphere, movies and TV news channels have highlighted issues of
disability. Actors have played the roles of people with disabilities in films and news channels have
had shows on disability.

But does anyone remember a movie or an advertisement where the lead actor was a person with
disabilities or a news channel anchor with disabilities? Again, this is a tough and uncomfortable
question to answer. Only when we, as a society, have positive answers to these questions, will
the narrative on disability change for good. Merely using the word ‘divyang’ or ‘differently-abled’
won’t change the psyche of the masses towards persons with disabilities.
Rights to Persons With Disabilities Act, 2016

It has been almost a year since the government of India came up with this landmark act on
disability which increased the number of disabilities from seven to 21. This act which replaced the
earlier Persons with Disabilities Act, 1995 has also increased the quota of reservation for persons
with disabilities from 3% to 4% in government jobs and 3% to 5% in higher education institutions.

All this looks good on paper. A lot of posts, especially in group A and group B services in the
government, continue to lie vacant. And it is the same in higher education institutions. In both
cases, the typical answer is given by authorities is that they couldn’t find any ‘suitable candidate’.
This answer is a face-saving attempt by the authorities, and could be right in only two instances.

One, if the Indian education system is proving itself incapable of producing candidates with
disabilities who possess essential educational qualifications to sit for an exam for a particular post
in a government job or higher education.
Secondly, if due to systemic discrimination, the employers are just not interested in recruiting a
person with disabilities.

Both cases are shameful, if true. Since the inception of Rights to Persons With Disabilities Act,
2016, there have been many instances of faulty implementation of disability reservation. The new
act can only be successful if there is a genuine ‘intent’ to recruit persons with disabilities.

To sum up, International Day of Persons with Disabilities on December 3, 2017 should not be just
another day where various workshops, talks, seminars and events are organised on the issue of
disability. The idea should be to reflect on where we have been going wrong as a society with
respect to citizens with disabilities and how these wrongs can be undone.

What are the Major Challenges Faced by Disabled Population in India

The disabled population are one of the excluded sections of the society and they also face a
number of problems in their daily life. In order to bring them into the mainstream, both the central
as well as the state government are introducing many welfare measures and schemes. Disabled
people are the people with physical or mental incapacities, Disability generally varies in severity.

The definition of disability as provided by UN convention on rights of persons with disabilities

(UNCRPD) states that “Persons with disabilities include those who have long term physical,
mental, intellectual or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society on an equal basis with others.“

Present status

A- Disability in India – According to census 2011, around 2.2% of over population suffer from
some form of disability. There are 14.9 million men with disabilities as compared to 11.8 million
women in the country.

Constitutional framework for disabled population-

Article 13 (1) – Enjoins on the government not to discriminate again any citizen of India (including
disabled) on the ground of religion, race, caste, sex or place of birth.

Article 17- No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable accordance with law.
Article 21- Every person including the disabled has his life and liberty guaranteed.

Article 23- There can be no trafficking in human beings and other forms of forced labour is
prohibited and the same is made punishable in accordance with law.

Article 32- every disabled person can move to the Supreme Court of India to enforce his
fundamental rights and the rights to move the Supreme Court.

Challenges faced by disabled population in India –

Disability Issues in India

Person with Disabilities often have lower education accomplishments, poorer health conditions,
higher poverty rates and less economic engagement than people without disabilities. They are
disabled not only by their bodies but by society as well.

Disabilities are basically an umbrella term that covers impairments, activity limitations as well as
participation restrictions. Impairment is considered as a problem in body structure or function;
activity limitation is a difficulty that’s encountered by a person in executing an action or task;
whereas a participation restriction is basically a problem that’s experienced by a person in
involvement in life situations.

Persons with disabilities are considered as one of the marginalised groups in the whole world.
They have the same kind of health needs like non-disabled ones?—?for health screening,
immunisation etc. They may even experience a narrower health margin, both because of social
exclusion and poverty, and even because they can be vulnerable to the secondary conditions like
urinary tract infections or pressure sores.
According to studies, PWDs often have lower education accomplishments, poorer health
conditions, higher poverty rates and less economic engagement than people without disabilities.
They are disabled not only by their bodies but by society as well. Thus disability isn’t only a health
problem. It’s a complex phenomenon that reflects the interaction between the features of an
individual’s body & characteristics of the society in which the person lives in.
1.A large number of children with disabilities (CWDs) remain out of school. Even if they do stay in
school, they hardly progress beyond primary levels leading to lower employment & incomes.
2.Although the Sarva Shiksha Abhiyan has made an effort to promote the inclusion of children
with disabilities, the system faces a lot of challenges in identifying these children as well as
responding to their needs. Budget for educating these children in regular school settings hasn’t
increased commensurately since focus on inclusive education in 1970s. Coordination between
Ministries of Social Justice and Empowerment and the Human Resource Development,
Rehabilitation Council of India and the teacher training system should be improved. State-wise
strategies on education for children with disabilities must be implemented.
3.A number of disabilities in India can be avoided and prevented including those that arise from
medical issues during pre-natal, natal and post-natal conditions, injuries, accidents and
malnutrition. But the health sector hasn’t yet reacted proactively to disability, particularly in rural
regions.
4.Even though many persons with disabilities are capable of productive work they remain
unemployed. Forget about the private sector offering employment to these people even the public
sector hardly does. Despite of the fact that 3% is reserved for PWDs, only ten percent posts are
identified as suitable. The quota policy even covers only three kinds of disability?—?hearing,
visual and locomotor.

There are even many more disability issues.

Evidence suggests that PWDs face different kinds of barriers in accessing the health as well as
rehabilitation services they require in several settings. Overcoming all kinds of difficulties faced by
persons with disabilities needs interventions for removing environmental & attitudinal barriers.
Governments, professionals, persons with disabilities and their families as well as many a NGO
for persons with disabilities need to work together for overcoming the hindrances.

Persons With Disabilities

Insulting The Disables Is A Criminal Offence
Social issues Stigma
cultural issues
financial issues

A. Inaccessibility- Most of the government buildings or private offices and other infrastructure are
inaccessible for disabling population.

B. Low Representation- The Disabled person has a very low representative in fields like
government jobs, politics, economy etc.

C. Barriers to Health Care- The lack of appropriate services for people with disabilities is a
significant barrier to health care. Affordability of health service and transportation are two main
reasons why people with disabilities do not receive needed health care.

D. The Education System is Still not Inclusive- School buildings are not accessible. Teachers are
not well trained to help such students.Even the curriculum does not take care of the disabled
person.

E. Attitudinal Barriers- Attitudinal barriers which help in stigmatisation and discrimination, deny
people with disabilities their dignity and potential and are one of the greatest obstacles to
achieving equality of opportunity and social integration.
F. Inaccessible communication systems prevent access to information and knowledge and
opportunities to participate.Lack of services or problems with service delivery also restricts the
participation of people with disabilities.

G. Institutional Barriers- Institutional barriers include many laws, policies, strategies or practices
that discriminate against people with disabilities. Discrimination may not be intended but systems
can indirectly exclude people with disabilities by not taking their needs into account.

H. Inadequate Data & Statistics- The lack of rigorous and comparable Data and statics, combined
with a lack of evidence on a programme that works, lack of planning, often delay in understanding
and actions on disability inclusion.

J. Poor Implementation- Poor implementing policies and plans can prevent the inclusion of people
with disabilities.

The government of India has taken the responsibility of providing the optimal environment to
ensure full participation of the person with disabilities.
In this context, The government of India has introduced a number of programs, schemes,
concession, and facilities for the welfare of disabled.

a) Indian Constitution ensures equality, freedom and justice and dignity of all citizens of the
country including persons with disabilities which imply an inclusive society for all (article 14).-
Equal opportunities, protection of rights and full participation act, 1995 provide 3% quota in
government jobs.

b) Accessible Indian campaign or Sugamya Bharat Abhiyan is launched with a focus on universal
accessibility for a person with disabilities. It aims at bringing awareness about disabled and for
their employment.
c) India is a signatory to UN convention on rights of persons with disability, 2006.

d) To give effect to UN convention on rights of persons with disability, the government has
introduced “The rights of persons with disability bill, 2006”. The bill will replace the existing
persons with disability act 1995, which was enacted 21 years back. It will increase reservation for
disabled From current 3 percent to 5 percent.

e) Scheme of national scholarship for the person with disabilities.

f) Deendayal Disabled Rehabilitation Scheme– To create an enabling environment to ensure

equal opportunities, equity, social justice and empowerment of person with disabilities. To
encourage voluntary action for ensuring effective implementation of the people with disabilities
act of 1995.

–Right of Persons with Disabilities Bill, 2016–

Lok Sabha and Rajya Sabha both have passed the bill.Salient features are –

a) Definition of Disability: It has been defined based on an evolving and dynamic concept, the
types of disabilities have been increased from existing 7 to 21 and the central government will
have the power to add more types of disabilities. The 21 disabilities are given below-

1. Blindness
2. Low-vision
3. Leprosy Cured persons
4. Hearing Impairment (deaf and hard of hearing)
5. Locomotor Disability
6. Dwarfism
7. Intellectual Disability
8. Mental Illness
9. Autism Spectrum Disorder
10. Cerebral Palsy
11. Muscular Dystrophy
12. Chronic Neurological conditions
13. Specific Learning Disabilities
14. Multiple Sclerosis
15. Speech and Language disability
16. Thalassemia
17. Hemophilia
18. Sickle Cell disease
19. Multiple Disabilities including deafblindness
20. Acid Attack Victim
21. Parkinson’s disease

It also defines persons with benchmark disabilities as those with at least 40% of any of the above-
specified disabilities.

b) Government to take effective measures to ensure that a person with the disability enjoys their
rights equally with others.

c) Additional benefits such as reservation in higher education, government jobs, reservation in the
allocation of land, poverty alleviation schemes etc. have been provided for persons with
benchmark disabilities and those with high support needs.

d) Every child with benchmark disability between the age group of 6 and 18 years shall have the
right to free education.

e) Reservation in vacancies in government establishments has been increased from 3% to 4% for

certain persons or class of persons with benchmark disability.

f) Central & State Advisory Boards on Disability are to be set up. They will advise governments on
policies and programme on disability.

g) Special courts will be designated in each district to handle cases concerning violation of rights
of a person with the disability.

h) Provide guardianship

i) Punishment- 10,000 to 5 lakh;

j) Six months to 2 years imprisonment for discriminating against differently abled persons.

Disabled is now addressed as Divyang instead of Viklang. The modern civilization is based on
caring for others who are underprivileged or disadvantaged.

Karl Popper rightly said-“The indication of civilization is how to take care of disabled, the
underprivileged” and the Divyang.

Thus what is needed is the implementation of these provisions so that meaningful change
happens in lives of those who were neglected for long. A disabled person can contribute greatly
to society and nation but we have to provide them enabling environment. An inclusive society is
not possible unless the disabled population is part of the growth story.