Disability Rights in India: Systematically Undermined, Rattled and Broken by Bureaucracy

India’s Rights of Persons with Disabilities (RPwD) Act 2016 aims to empower disabled individuals by expanding the list of recognized disabilities from seven to 21 and mandating a 5% reservation for disabled persons in government jobs and higher education institutions. However, the implementation of this law remains in a “dismal state.” In April 2024, the Supreme Court expressed disappointment at the inadequate enforcement of the RPwD Act across states and issued directives to the Ministry of Social Justice and Empowerment, demanding updates on compliance. This investigative report delves into the systemic failures in the implementation of disability rights in India, analyzing the legal, social, and economic implications through case studies, testimonies, and comparative insights from other countries.

Background of Disability Rights in India

Legal Framework

The RPwD Act 2016 replaced the Persons with Disabilities Act 1995. It defines disability based on an evolving and dynamic concept, increasing the number of recognized disabilities from seven to 21. These include mental illness, autism spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, speech and language disabilities, thalassemia, hemophilia, sickle cell disease, multiple disabilities (including deaf-blindness), acid attack survivors, Parkinson’s disease, and others.

The Act authorizes the government to notify additional categories of specified disabilities. It raises the reservation for disabled individuals from 3% to 4% in government jobs and from 3% to 5% in higher education institutions. Every child with a benchmark disability aged 6 to 18 years has the right to free education. Government-funded and recognized educational institutions must provide inclusive education.

The Act also emphasizes accessibility in public buildings within a prescribed timeframe through the Accessible India Campaign. The Chief Commissioner for Persons with Disabilities and State Commissioners serve as regulatory bodies and grievance redressal agencies, monitoring the implementation of the Act. A separate National and State Fund is to be established to provide financial support to disabled individuals.

Bureaucratic Challenges

Lack of Awareness and Training: Many bureaucrats lack awareness and understanding of the RPwD Act, leading to poor implementation. They are not adequately trained to handle disability-related issues.

Complex Procedures: The procedures for availing benefits under various schemes related to disability rights in India is often complex and cumbersome. Disabled individuals face difficulties in navigating these procedures due to lack of guidance and support.

Systemic Failures in Welfare Schemes

Deendayal Disabled Rehabilitation Scheme (DDRS)

Launched over two decades ago, DDRS aims to establish rehabilitation centers at the district level. As of March 30, 2024, India has 806 districts, yet only 60 District Disability Rehabilitation Centers (DDRCs) are operational, accounting for just 7.5% of the total districts.

The Department of Empowerment of Persons with Disabilities (DEPwD) has also failed to achieve its physical targets. From 2019 to 2022, the worst performance was in 2021-2022, with only 16,668 beneficiaries out of the target of 40,000.

The Parliamentary Standing Committee on Social Justice and Empowerment reported that while the number of disabled individuals in India increased from 21.9 million in 2011 to 23.5 million in 2021, DDRS has been unable to meet its rehabilitation targets.

Scheme of Scholarships for Students with Disabilities (SSSD)

The SSSD aims to support disabled students through six sub-schemes. However, none of these sub-schemes have achieved their respective targets. The DEPwD underutilized the budget each year from 2019 to 2022 and allowed the estimates to stagnate for 2022-2023. Under the Free Coaching initiative, no students received benefits from 2019 to 2022 as DEPwD failed to establish coaching institutes or develop guidelines for their sensitization about disability rights in India of those affected by it.

Centre for Disability Sports (CDS)

Announced in the 2014-2015 budget, the CDS scheme proposed to establish five centers for disability sports across five different zones of the country. As of 2023, only one of the five centers has been completed.

Assistance to Disabled Persons for Purchasing/Fitting of Aids/Appliances (ADIP)

The ADIP scheme aims to provide essential aids and appliances to disabled individuals. However, no financial or physical targets were set for the entire scheme. The Parliamentary Committee questioned DEPwD’s logic behind reducing the targets from 2021 to 2023, especially as the number of recognized disabilities under the RPwD Act increased from seven to 21.

Case Studies

Case Study 1: Right to Education

The Parliamentary Standing Committee on Social Justice and Empowerment noted that the budgetary allocation under six scholarship/fellowship schemes for disabled students has remained stagnant. The targets set under each of these schemes have not been achieved and thus the thaw in increase of those claiming their disability rights in India.

The lack of proper monitoring and accountability has rendered these schemes ineffective. For example, the Post-Matric Scholarship Scheme has not been effectively implemented in many states. Disabled students face difficulties in accessing scholarships due to complex application procedures and lack of awareness about their disability rights in India.

Case Study 2: Employment Rights

The RPwD Act mandates a 5% reservation for disabled individuals in government jobs. However, the implementation of this reservation has been fraught with challenges. Many government departments fail to meet the 5% reservation target.

The lack of awareness about the Act and the absence of proper monitoring mechanisms have contributed to this failure. For instance, in some states, government departments either do not have clear reservation policies or fail to provide reasonable accommodations for disabled employees.

Case Study 3: Accessibility in Public Spaces

The Supreme Court’s judgment in Rajive Raturi vs Union of India reaffirmed that accessibility is a fundamental right under Articles 14, 19, and 21 of the Constitution. However, in practice, public spaces in India remain largely inaccessible to disabled individuals.

The lack of ramps, Braille signage, and accessible public transportation continues to be a major issue. The Accessible India Campaign, launched by the Department of Empowerment of Persons with Disabilities, has seen limited progress. As of 2024, only a small number of public buildings and transportation facilities have been made accessible.

Testimonies and Interviews

Interviews with Organizations

Centre for Law and Policy Research (CLPR): CLPR has documented several cases where disabled individuals faced discrimination and denial of their rights. They emphasize the need for stricter implementation of the RPwD Act and greater accountability from bureaucrats.

Together We Can: This forum for parents, professionals, and other stakeholders working for the rights of children with disabilities submitted a petition to the Supreme Court seeking enforcement of the RPwD Act. Advocate K. Parameshwar, representing the petitioners, highlighted the dismal implementation of the Act across states and called for the immediate appointment of State Commissioners for Persons with Disabilities.

Interviews with Legal Experts

Advocate K. Parameshwar: Parameshwar pointed out that the non-compliance of states in effectively implementing the RPwD Act over the past 7-8 years should be considered a “Constitutional Tort.” He emphasized that disabled individuals face significant challenges in accessing their rights due to bureaucratic inefficiencies as these bureaucrats are often ignorant about this wanting to claim their disability rights in India.

Shameer Rishad: Rishad critiqued Indian government schemes for failing to meet their objectives and disempowering disabled individuals. He noted the disconnect between policy and execution and called for meaningful reforms to ensure the rights of disabled persons.

Comparative Insights from Other Countries

United Kingdom

The UK’s Equality Act 2010 prohibits discrimination against disabled individuals in employment, education, and access to goods and services. The government provides grants and subsidies to make public spaces accessible.

It also runs campaigns to raise awareness about disability rights and challenge stereotypes as opposed to what it comes down to plight of those affected by lack of proper monitoring mechanisms for protection of disability rights in India.

For example, the UK government launched the “Access to Work” program to support disabled individuals in securing and maintaining employment. The program offers financial assistance for workplace adjustments and transportation costs.

United States

The Americans with Disabilities Act (ADA) 1990 prohibits discrimination based on disability. The ADA requires employers to provide reasonable accommodations to disabled employees. The US Department of Justice enforces the ADA and provides technical assistance to businesses and individuals to ensure compliance. Additionally, the US government funds numerous research projects to improve accessibility technologies and promote the inclusion of disabled individuals in society.

Australia

Australia’s Disability Discrimination Act 1992 prohibits discrimination against disabled individuals. The National Disability Insurance Scheme (NDIS) provides funding to support disabled individuals in achieving their goals. The government also works with communities to improve accessibility and inclusion. For instance, the Australian government has implemented the “National Accessibility Strategy” to enhance accessibility in public transportation, buildings, and information and communication technologies.

Policy Recommendations and Outlook

Strengthening Legal Implementation To Protect Disability Rights In India

Rigorously Enforce the RPwD Act: The government must ensure the strict implementation of the RPwD Act, addressing procedural flaws and enhancing transparency in the execution of schemes. Disabled individuals must be provided with adequate support and guidance to avail benefits under various schemes. For example, the government could establish dedicated help desks and hotlines to assist disabled individuals in navigating complex procedures.

Amend the Rights of Persons with Disabilities Act: The Act should be amended to include more specific provisions for monitoring and evaluation of schemes. It should also provide for stricter penalties for non-compliance. For instance, the Act could establish clear timelines and accountability mechanisms for the implementation of various schemes.

Improving Bureaucratic Efficiency

Conduct Regular Training Programs: Bureaucrats should undergo regular training on the provisions of the RPwD Act and disability rights. This will help in better implementation of the Act and reduce instances of discrimination. Training programs could include workshops on disability awareness, inclusive service delivery, and reasonable accommodations.

Simplify Procedures: The procedures for availing benefits under various schemes should be simplified. The government could develop online portals to streamline application processes and improve transparency. For example, the “Accessible India Campaign” could integrate an online platform to facilitate applications for accessibility grants and track progress.

Ensuring Accessibility

Make Public Spaces Accessible: The government should take concrete steps to make public spaces accessible to disabled individuals. This includes providing ramps, Braille signage, and accessible public transportation. The “Accessible India Campaign” could set clear timelines and targets for retrofitting public buildings and transportation facilities.

Promote Inclusive Education: Educational institutions should be encouraged to adopt inclusive education practices. This includes providing reasonable accommodations for disabled students and training teachers to meet their needs. The government could establish an “Inclusive Education Fund” to support schools in implementing inclusive education programs.

Conclusion

Disability rights in India continue to be undermined by bureaucracy, despite the progressive provisions of the RPwD Act. This investigative report highlights the systemic failures in the implementation of various welfare schemes and the challenges faced by disabled individuals. Strengthening legal implementation, improving bureaucratic efficiency, and ensuring accessibility are essential steps to protect the rights of disabled individuals and disability rights in India. By adopting a rights-based approach and involving disabled individuals in decision-making processes, India can create a more inclusive society where disabled individuals can live with dignity and equality.

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Each claim in this report is backed by the above named sources. Any direct quote is attributed to the named individual or study, and each statistical point is cited accordingly.

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