Role of Executive in implementing the Disability Law

Role of Executive in implementing the various laws pertaining to the Rights of persons with disabilities and Role of the Judiciary - with regard to non-implementation of the various laws pertaining to Rights of persons with disabilities

C. Mahesh
Disability Activist, Bangalore

Before I start, I would like to share my story which is now 20 years old, I am from Bangalore and I was studying my 2nd year B.Sc during which time a viral fever that left me with weak limbs. I dropped out of college as my house was in the first floor, I could not walk up to the bus stand or make use of the college bus and the classes in my college were in different floors.

I wanted to get out of my house, study, earn, hang-out with friends but there was no place to go - I could not use the public transport, go to a hotel/ temple/ wedding hall/ cinema house as there were steps and there were no toilets which I could use.

Over the years, I have come to terms, accepted my disability and I know how to handle my disability, I do not mind if you call me as a person with disability or challenged or differently able, the bottom line is very little has changed in our society and in the environment around us.

Recently the KSTDC (Karnataka State Tourism Development Corporation) has introduced a fleet of double-decker buses for sightseeing 15 destinations in Bangalore, it would interesting to record the number of places that you could actually get down to visit if you were sitting on a wheelchair. In my experience, you will be the only person sitting in the bus and waiting for the others to return from their sight seeing trips.

There has been no dearth of policies and documents in India . Numerous Government orders have been passed to address the various concerns in ensuring and protecting the rights of persons with disabilities.

However, the greatest challenge continues to be in the way, we as people and society understand disability and their needs.

Our society - parents, teachers, politicians, bureaucrats, shop keepers, bus conductors continue to respond to our need in a way that they are doing us a favour. We need to access the services in a way that is sensitive to our needs and in a way that dignifies and acknowledges our existence.

Disability is a social issue, which demands a socio-political response.

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Existing Laws for Persons with Disabilities

We have a wonderful constitution meant to protect each one of us. It is as meaningful to you as it means to me. Just as you can, we too have the same right to express; I too have the same opportunity just like everyone else. But I never knew that I had these rights; I did not know that I could ask my college to provide me with a ramp to attend the computer classes that was located in the basement.

I was not aware that the isolation that I was facing is violating my fundamental right - Article 19 - Right to freedom - Imagine, if you are traveling in a train for more than 12 hours and you are the only one who is unable to use the toilet. Is this not a violation of your Right to Freedom? This is what we experience.

Article 21 - Right to life and personal liberty - everyone has the right to live life of a certain minimum standards, but we readily accept when persons with disability are almost permanently imprisoned in their homes or in institutions for life.

Before the enactment of the different Special Laws such as the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (PWD Act), 1995, The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities) Act, 1999, Mental Health Act the responses to addressing the issues of persons with disabilities were very feeble. With these special laws, the activism in the field of disability is more strong and visible.

The recent policies and programmes such as the ''Sarva Siksha Abhiyan" Education for All, has made provisions for including children with disabilities in school and this is an example of how the provisions under these Special Laws are being translated into action.

But are children with disabilities really included in schools? Do they receive education that is sensitive to their needs and abilities? How many private schools are ready to admit children with disabilities? Do children with disabilities get equal opportunities? Is this not in violation of the fundamental Right to Education?

The deliberations in drafting the "International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities" have helped us to understand disability better. However, all these developments have not made any real difference in the lives of the millions of persons with disabilities in our society and in our country.

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Role of Executive in implementing the various laws pertaining to the Rights of persons with disabilities and Role of the Judiciary

Attitudes

The policies and programme for persons with disabilities based on the principles of 'Human Rights' needs to be understood by the executives.

Some of the common expressions are - when the fan stopped functioning in this hall due to power failure, some one commented that "The fan has also become disabled". This implies that disabled persons are useless. "When we are finding it difficult to get a job, you asking jobs for persons with disabilities?"

The education and employment for the hearing impaired continues to be a distant dream.

What is needed is a sea change in attitudes towards disability. Where the focus needs to be on the persons ability and our willingness to change/ adapt the system.

Mainstreaming Disability in Development

The needs of persons with disabilities are perceived as special and are therefore left out by mainstream development programmes.

The Government of India passed the National Rural Employment Guarantee Act (NERGA) in September 2005. This Act gives legal guarantee of a hundred days of wage employment in a financial year to adult members of rural household. The Act would go a long way in checking rural migration and ensuring livelihoods to people in rural areas.

However, according to Chapter VI, Section 40, of the Persons with Disabilities Act, three per cent of all poverty alleviation schemes should be for persons with disabilities. Unfortunately, the Employment Guarantee Act does not make any such explicit allocation for persons with disability.

According to a recent report by the Union Rural Development Minister, Karnataka has generated 35.35 lakh man-days of employment under this scheme. Have persons with disabilities missed the boat again?

Therefore, I request that 3% funds should be earmarked for disabled people's employment, people with hearing impairment can do manual work and people with disabilities could be play an administrative or supervisory roles, or audit of the schemes.

In addition, this scheme could be creatively used in the creation of Barrier free assets in every village such as - ramps in schools, bus stand, hospitals etc.

Planning, Implementing and Monitoring Programmes

The needs of persons with disabilities should be included in the plans. The Chief Planning Officers in every district should be made aware of the existence of persons with disabilities; hand books needs to be provided on ways of including and ensuring persons with disabilities are being included and benefited.

Just as we have 'Fire Officers' certifying building, persons with disabilities could be trained and employed as 'Access Officers' who would certify buildings and public spaces are in compliance of the barrier-free specifications as mentioned in the building bye-laws of the Bangalore Mahanagara Palike (Bangalore City Corporation), Part IV, Schedule XI, Bye-law No: 31.0 on 'Facilities for Physically Handicapped persons'

All these can happen only if persons with disabilities and disabled people's organizations are recognized and encouraged to participate in decision making bodies.

Employment Opportunities

Vacancies reserved for the disabled have not been filled by various departments. The Department of Personnel and Training recently, has asked all Government departments to ensure that posts reserved for the disabled must be filled by persons with disabilities only and if not the reservation need to be carried forward for the next two years.

It is my humble appeal that the Judiciary should create the precedence in ensuring that persons with disabilities are employed in its courts and ensure that the courts are disabled friendly.

Addressing the loop holes in the Act

The Special Acts do not mention time frames and deadlines to implement the provisions under the Act. Secondly, important sections of the Act are preceded by the clause which says that appropriate Governments shall provide the provisions only if it is 'within the limits of their economic capacity'.

Although the Disabilities Act is excellent, most often the executives give excuses or take shelter in this clause in denying our rights.

I cannot pay my land tax and I have to depend on someone as the counter is in the first floor and inaccessible. The Government should introduce temporary measures such as counters in the ground floor till such time a permanent solution is derived.

Creating awareness about the Act

Members from the Judiciary and executives have to educate persons with disabilities about their legal rights, provide hand-outs and conduct workshops.

Similarly, the Government Training institutes and the in-service trainings should cover topics related to disability and discrimination and evolve strategies for inclusion.

Efficient Watchdogs

The Commissioner's office for disabilities is responsible for the implementation of the Act. However, we need develop a more efficient watchdog mechanism at the state, district and taluk levels.

The functioning of the District level committees and State coordination and executive committees needs to be monitored as these meeting are not convened as per the Act.

Training of persons with disabilities and recognizing disabled people's group as part of the watchdog team would be an effective strategy.

We need to develop trained mediators in the Justice department who would take the issues of discriminations faced by persons with disabilities.

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In Conclusion

Indian Constitution is built on a foundation of Justice, Liberty and Equality.

There is an urgent need to address the issues of discrimination faced by persons with disabilities in day-to-day life.

We as a group of people with different disabilities are ready - invite us, call us, we are ready to be involved in this process of change.

Given the resources we have, and with the right initiative we can make a positive difference in the lives of persons with disabilities and if we have the will to do nothing is impossible.

The author can be contacted at:

mahesh_mobility@yahoo.com,
www.geocities.com/mahesh_mobility

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