Seventy-six years after Independence, India is in the middle of another national action. We have heard many competing visions for India’s economy, foreign policy and industry this election season. It has also been heartening to see gender take centre stage. But no one is shining a spotlight on disability yet. In our last article for ThePrint we pointed out the opportunity to mobilise Persons with Disabilities as a vote bank for political parties. In this article, we delve into the need to rethink how disability policies are framed in India.
Efforts have been made in the last few decades by successive central governments on disability in India. It started with the Persons with Disabilities Act 1995 that created the Office of Chief Commissioner for Persons with Disabilities to safeguard the community’s rights. However, it was primarily advisory in nature until the introduction of the Rights of Persons with Disabilities Act 2016 which added more spine to the position.
At an executive level, disability has been one of the many key responsibilities under the Ministry of Social Justice & Empowerment since the early 2000s. In 2008, India became a party of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Recognising the inadequate attention given to disability, a separate Disability Division was carved out within the ministry by the 11th Five Year Plan, which was renamed in 2014 as the Department of Empowerment of Persons with Disabilities.
But how can disability be viewed as a standalone issue restricted to a single department? PwDs have educational needs like everyone else and go to school, and thus disability intersects with the Ministry of Education. PwDs require accessible housing and liveable cities, and thus disability intersects with the Ministry of Housing and Urban Development. PwDs participate in the workforce and contribute to economic ecosystems, and thus they have intersecting issues with the Ministry of Labour and the Ministry of Skill Development and Entrepreneurship. Likewise, disability issues of PwDs need to be understood by the Ministry of Health and Family Welfare—this lack of understanding manifested when questions related to disability were excluded from the pivotal National Family Health Survey – 6.
This crucial perspective has been acknowledged, as evidenced by guidelines released by the central government and the department of disability affairs through various ministries like banking, information and broadcasting and railways. While these are welcome steps, they focus primarily on accessibility which is insufficient. The need of the hour is to approach all laws and policies across myriad ministries through a disability lens. In its absence, policies tend to falter massively. A perfect example of this is the guardianship clauses in the recent Digital Personal Data Protection law which were included without inputs from the disability sector. If this act in it’s present form comes into force, a PwD with a legally appointed guardian would not even be able to switch on their phone without the guardian’s consent.
Also read: Don’t drop disability questions from NFHS-6. It will create an information gap
Inaction from states
Another pressing issue plaguing the disability sector in India is the absence of proactive initiatives from state governments. Disability has always been a state subject in the Indian Constitution. However, no state has taken the initiative to come up with progressive disability legislation. Both key disability legislations in the history of Independent India have been central legislations introduced alongside Article 253 of the Constitution (to give effect to international agreements). The PwD Act 1995 came from the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region and the RPwD Act 2016 resulted from India becoming a signatory of the UNCRPD.
Let alone legislation, states have been sluggish in the implementation of the important central legislation itself. For example, the RPwD Act mandates accessibility of all public infrastructure as per the Harmonized Guidelines issued by the Ministry of Urban Development (which are based on universal design principles). However, not a single state has included them in their by laws. This leads to an absurd situation where a constructed building can receive a completion certificate despite not being accessible, but can later be sued for its lack of accessibility.
Recently, the Supreme Court also expressed displeasure over the dismal implementation of the RPwD Act in states. The highest court of the country noted glaring gaps such as the non-appointment of state commissioners, non-constitution of prescribed funds and the lack of courts for speedy trials in a few states and union territories despite being mandated by the Act passed over seven years ago.
Also read: Indian political parties have ignored PwDs in their poll campaigns. They’re a vote bank too
Disability lens
In this regard, disability continues to be the missing piece of the policy puzzle at multiple levels and across varied fields. It is therefore imperative that the invisibilised voices of this marginalised group get a hearing at every policy formulation and implementation platform. A paradigmatic shift is necessary where disability issues are not just deliberated in disability rights discourses but throughout the spectrum, from commerce and finance to law and public grievances. In tandem with this, we require increased participation of voters and candidates with disabilities in India’s national and state elections to mainstream the disability needs as not just a social issue but also a political one seeking redressal.
Most importantly, there is a need to integrate the disability lens into policy making at all levels of government. Recent successes in applying a gender lens systemically have demonstrated its efficacy in ensuring policies are more considerate to women’s concerns, highlighting the potential impact of a similar approach for disabilities. Beyond initiatives targeted specifically at women, such as Beti Bachao Beti Padhao, the gender-inclusive approach extends to all policies across the spectrum, including those focused on entrepreneurship like Start Up India and PM Mudra Yojana, environment-friendly initiatives like PM Ujjwala Yojana and human capital development programs like PM Kaushal Vikas Yojana and the National Education Policy.
India can also seek inspiration from other countries like Sweden which stand out as a beacon of comprehensive disability inclusion, exemplified by its cross-sectoral governance model of disability policy. This approach mandates that all levels of government, from legislatures and ministries to regional councils and municipalities, recognize their shared responsibility to facilitate the full participation of PwDs, demonstrating a commitment to inclusive policy making at every level of governance.
As India approaches its Independence centenary, it stands at a pivotal moment. This is our moment of reckoning, to reimagine India’s disability-policy landscape, turning the tide from oversight to inclusion. By embracing inclusivity wholeheartedly, India can ensure that its policies resonate with the diverse needs of all its citizens, including those with disabilities, paving the way for a truly Viksit Bharat as envisioned by the leaders of this country.
Nipun Malhotra is the co-founder & CEO of Nipman Foundation and can be followed on X @nipunmalhotra. Sanskriti Bhatia, Consultant, Young Leaders for Active Citizenship and can be followed on X @sanskritibhatia. You may endorse the charter Of, By and For Persons with Disabilities here. Views are personal.
(Edited by Theres Sudeep)