It's Time Government Passed the Pending Bill to Give Equal Rights to the Disabled

It's Time Government Passed the Pending Bill  to Give Equal Rights to the Disabled

The coincidence couldn’t be more telling. On the day Prime Minister Narendra Modi described those with physical limitations as divyang (humans with divine abilities) and not viklang (handicapped) as commonly perceived, two international para-athletes were denied entry at the Indira Gandhi Indoor Stadium in New Delhi where the final match of the Pro Wrestling League was taking place last Sunday.

Modi couldn’t have been more politically correct when he pointed out that while the word viklang suggests notions of incapacity, individuals with disabilities often had “extra power”. Such an approach towards persons with disabilities is welcome—and unfortunately rare. This is not mere word play. After all, the politics of language is powerful and resonates deeply. The term “differently abled” was first proposed as an alternative to “disabled” in the 1980s, but it was rejected as it was seen as euphemistic and condescending.

Society values uniformity rather than diversity. Thus we tend to see ourselves as ‘normal’ or ‘deficient’. The potential of homogeneity lies in the possibility of redefining society’s concept of ‘normalcy’. When people are given the right to belong, they are given the right to diversity.

India is an amalgam of cultures, religions, languages, philosophies and beliefs, customs and climates. But whoever they are, wherever they come from, whatever they do for a living, Indians value their diversity. Despite their social, religious, economic, political and geographical differences, there are two characteristics that are shared by most

Indians. One is tolerance and forbearance, and the other is an engrained belief in tradition and socio-cultural norms.

These two characteristics have been responsible for the retention and maintenance of a social structure based on caste and class, and acceptance of injustice, discrimination, exploitation and abuse as part of one’s karma or fate. The status of disability and the course of the disability movement in India can be best understood within this framework.

This is second time in recent times that Modi has suggested the word divyang for the disabled. It is time that he walked the talk. The disabled persons in India arguably constitute one of the most disadvantaged groups. A majority of them are illiterate and only 25 per cent are employed. Every year on December 3, tall promises are made on account of it being the World Disability Day, but no one is ever punished for the regular cases of discrimination.

Between 5 and 10 per cent of Indians have some impairment or disabling condition. This means that India has a huge population of disabled people. At the policy level, progressive legislation, schemes and provisions exist for them. But at the ground level, the disabled continue to be neglected and marginalised, with the onus of care on the family rather than the community. India needs to mark a shift from the medical model of intervention to community-based rehabilitation of the disabled.

The disabled are prevented from accessing opportunities in education, employment and leisure, or participating in public life. The Modi government seeks to address some of these through its Accessible India programme. But even persons with divine power cannot fulfil their just aspirations with such an infrastructure deficit.

The most important step in treating the disabled is fulfilling the infrastructure deficit, both physical and otherwise, they face. Even the most prestigious postcodes of the national capital come up short on mobility audits. The pavements are disappearing. Where ever these exist, the bollards and trees block them. The gradients of Indian roads are precipitous and difficult to negotiate. Full inclusion of the disabled would mean removing the physical barriers of participation. Conditions and regulations that actually build physical barriers must be changed immediately.

The second and equally important issue is an effective legislation. The UPA had introduced the Rights of Persons with Disabilities Bill in the Rajya Sabha in 2014.

The Bill was supposed to replace the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 but had to be sent to the Parliamentary Standing Committee after several disabilities groups expressed concerns about various provisions. The committee gave its report on May 7, 2015. The Modi government must now dust it off and pass the law that views disability through the lens of rights and entitlements, not charity and goodwill.

 yogesh.vajpeyi@gmail.com

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