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A Paradigm Shift from “Charity” to “Rights & Dignity”

The process of drafting and adopting the Convention on the Rights of Persons with Disabilities by the member countries of the United Nations has now brought the issues of discrimination and exclusion faced by persons with disabilities to centre stage.

The universal definition and understanding of Disability has rightfully moved from being a merely 'Medical' to a 'Human Rights' framework and heralded a paradigm shift from 'charity' to 'rights based' approach.

Article 1 of the Convention says “The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” In Oct 2007, India has become one of the first few countries to ratify this convention a move that has made all of us happy and proud indeed.

Questions usually addressed to persons with disabilities like “When did you become disabled?”, ”How did you become disabled?” should now make way to discussions and finding solutions on questions such as “Are you getting the freedom and choice to live the way you have wanted at home and in society?”, “Does your house/educational institution/place of work have provisions to enable you to access the toilet safely/independently?”, “Are you able to make use of the public transport?”, “Are you able to get education on an equal footing like everyone else?”, “Are you getting opportunities for gainful employment?”, “Are you able to benefit from the different development schemes from the Govt.?”, “Do you get an equal share in the property?” , “Are you being restricted from setting–up your own family?”.

In 1995, India enacted “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act”. The various articles in the present Convention further strengthens the above Act by elaborating the various rights, obligations and monitoring mechanisms that the state parties (countries) need to build on/adopt.

The Convention, in Article 1, further does not limit to only the 7 disabilities (Blindness, Low vision, Leprosy–cured, Hearing impairment, Loco motor disability, Mental retardation and Mental illness) that have been mentioned in the Persons with Disabilities Act but has opened up a wider definition as – “People with disabilities who have long–term impairments, for example, physical, psycho–social, intellectual and who cannot get involved in society because of different reasons, such as attitudes, language, stairs, and laws, which prevent people with disabilities from being included in society.”

This broad based definition and the recognition of various barriers posed by society assists us to develop a more holistic and sensitive approach in addressing the discriminations faced by persons with disabilities in society.

Following these developments, there is a huge need for creating awareness among persons with disabilities, their care givers, the society at large, and the Government and Non–Government Organisations on the UNCRPD. There is also a need to develop appropriate strategies to review existing laws, policies, programmes and monitoring mechanisms of Govt. Non–Government Organisations and other agencies.

Further, this convention by design is not limited to only Govt. establishments. The Convention states that private businesses and organizations that are open to the public parties have to take initiatives to “eliminate barriers that people with disabilities face in buildings, the outdoors, transport, information, communication and services”.

It is no longer enough to be content with providing a few “good willed” services such as a “wheelchair” or a “hearing aid” or “disability pension” . It is going to be whether the laws, policies, programmes and schemes are in line and reinforce the principles of the Convention that focus on Dignity, Ability to choose, Independence, Non–discrimination, Participation, Full inclusion, Respect for difference, Acceptance of disability as part of everyday life, Equality of opportunity, Accessibility, Equality of men and women and Respect for children.

By signing and ratifying this Convention, it is now legally binding on India and other countries of the UN to create and promote an environment where persons with disabilities are able to exercise their civil, political, social and cultural rights fairly and without prejudice.

It is time that Govt. representatives, representatives from Disabled People's Organisations, NGOs and other stake holders sit together and chalk out precise strategies as operation plan to take the Convention forward. If this is not done the Convention will be just another book on the shelf

Finally, this Convention is about creating a society that recognizes and respects the diverse needs of humankind.

References

  1. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) is at http://www.un.org/disabilities/
  2. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act is at http://ccdisabilities.nic.in/

About the author

C. Mahesh works for CBR Forum, as the Advocacy Coordinator in promoting the rights of persons with disabilities through 87 of their community based rehabilitation programmes across the country. In addition he is actively involved with the Office of the Commissioner (Disabilities) Karnataka and other networks in promoting 'barrier–free' environment and advocating for the effective implementation of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act.

Source: C Mahesh. Advocacy Coordinator, CBR Forum, Bangalore

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Lack of caring or pure ignorance?

Jet Airways enters the spotlight as another company with a Stone Age customer service policy in an era of jet–set technology. Once again the morally bankrupt policy of discrimination causes severe damage to an airline's public image (and thus profitability). Note that the airline's apology specifies that “allowing” Ms. Jindal to fly is an aberration from their standard of discrimination but only “in her case.”

Let's examine the case: She cannot walk. She cannot stand. The airline does not provide even the basic cabin equipment such as an aisle chair. Her husband had to drag her to her seat (which, presumably, did not have a movable armrest.) Her net worth is $1 billion dollars.

Take away: With a net worth greater than some small countries you too can be humiliated by Jet Airways while they are allowed to continue discriminatory practices. She may be fit enough to run a $1 billion business empire, but Jet Airways found the wheel chair ridden Jindal family scion Sminu so unsafe to fly that it asked her recently to either sign an indemnity bond or deplane.

The incident – which again highlights airlines' apathetic attitude towards physically–challenged passengers – happened when 34–year–old Sminu Jindal, who heads Jindal Saw, was travelling from Delhi to Bangkok on Christmas with her husband Indresh Batra on Jet's business class.

“I have been travelling all over the world but for the first time an airline asked me to sign a bond saying that I would not hold them responsible for any harm to me during the flight before being allowed to fly. I threw a fit and tore the bond they were waving at me. I told them unless they make every heart patient and pregnant woman to sign a similar thing, I refused to be treated differently,” Jindal said.

She firmly told the airline that she was of a firm mind and the only problem was that she could not stand on her own as a road accident at the age of 11 left her paraplegic.

On its part, Jet Airways accepted its mistake and apologised to Jindal. “ Sminu Jindal travelled on our flight 9W064 on December 25 from Delhi to Bangkok. Our airport staff at Delhi had requested her to sign a letter of indemnity as she was a wheelchair bound passenger. This was unnecessary in her case. I sincerely regret the mistake that happened and the inconvenience it caused to her,” said Jet's EVP (commercial) Sudheer Raghavan.

Jindal's problem did not end there. On the Delhi–Bangkok and return sector flight on January 1, she said the airline did not provide any aisle chair (a small wheelchair that can be used inside the aircraft). “My husband had to drag me to the seat on the flight. The issue is not about me being treated like this, but how airlines still refuse to provide basic assistance and dignity to physically–challenged passengers,” she said.

Raghavan said there was a tussle over allowing Jindal to take her wheelchair on the aircraft. But more shockingly, he admitted that “Jet Airways does not currently provide aisle chairs to special need passengers. We are examining the possibility of providing such services.”

Source: Rolling Rains Report. Indian Airline Continues to Embarrass the Nation 15 January 2008.

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