THE CONTEXT: According to the 2011 Census, approximately 26.8 million persons with disabilities live in India, constituting 2.21% of the total population. A 2019 Brief Disability Model Survey conducted by the World Health Organization across India, Tajikistan, and Laos found that the prevalence of severe disability among Indian adults is around 16%.
Recent data from the National Statistical Office’s 76th round survey provides further insights:
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- The overall prevalence of disability in India was 2.2%, with 2.3% in rural areas and 2.0% in urban areas.
- Disability prevalence was higher among males (2.4%) than females (1.9%).
INDIA’S COMMITMENT TO THE RIGHTS OF PERSONS WITH DISABILITIES:
Ratification of the UN Convention on the Rights of Persons with Disabilities: India signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) on March 30, 2007, and subsequently ratified it on October 1, 2007.
By ratifying the UNCRPD, India committed to:
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- Protecting and promoting the rights of persons with disabilities.
- Eliminating discrimination based on disability.
- Ensuring full and effective participation of persons with disabilities in society.
- Providing accessibility in various aspects of life.
- Promoting awareness and fostering respect for the rights and dignity of persons with disabilities.
Enactment of the Rights of Persons with Disabilities Act 2016 (RPWD Act): In response to its UNCRPD commitments and to replace the outdated Persons with Disabilities Act 1995, India enacted the Rights of Persons with Disabilities Act 2016 (RPWD Act).
Key features of the RPWD Act 2016 include:
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- Expanded definition of disability: The Act increased the types of recognized disabilities from 7 to 21, including conditions such as thalassemia, hemophilia, and acid attack victims.
- Reservation in education and employment: The Act increased reservation for persons with benchmark disabilities from 3% to 4% in government jobs and 3% to 5% in higher education institutions.
- Rights-based approach: The Act emphasizes the rights of persons with disabilities to equality, dignity, and respect, moving away from the welfare-based approach of the previous legislation6.
- Accessibility: The Act mandates accessibility in public buildings, transportation, and information and communication technologies within a prescribed timeframe.
- Guardianship provisions: The Act introduces the concept of limited guardianship, promoting joint decision-making between the guardian and the person with disabilities.
- Penalties for offenses: The Act introduces penalties for discrimination against persons with disabilities and violations of the Act’s provisions.
- Special courts: The Act designates special courts to handle cases concerning violations of rights of persons with disabilities.
ROLE AND POWERS OF STATE COMMISSIONERS FOR DISABILITIES: The Rights of Persons with Disabilities Act 2016 (RPWD Act) establishes State Commissioners for Disabilities as key figures in safeguarding the rights of persons with disabilities.
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- Quasi-judicial powers: Section 82 of the RPWD Act grants State Commissioners the same powers as a civil court under the Civil Procedure Code 1908.
- Suo motu interventions: Commissioners can proactively identify and inquire about policies, provisions, programs, and laws contradicting the RPWD Act and recommend corrective measures.
- Monitoring and oversight: They oversee the implementation of the RPWD Act, related legislation, and programs affecting persons with disabilities5.
- Grievance redressal: Commissioners investigate complaints regarding the deprivation of rights of persons with disabilities and take appropriate action.
- Advisory role: They advise the state government on policies and legislation related to disability rights.
- Research promotion: The Act mandates Commissioners to undertake and promote research in disability rights.
KARNATAKA’S APPROACH TO STRENGTHENING THE STATE COMMISSIONER’S OFFICE:
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- Independent appointments: Karnataka is one of only eight states that have appointed commissioners from non-civil service backgrounds, ensuring greater impartiality and specialized expertise.
- Transparency initiatives: The state maintains an online dashboard displaying real-time data on cases received, disposed of, and pending actions, along with annual reports and unique recommendations to the government.
- Decentralized governance: Karnataka has designated District Magistrates as Deputy Commissioners for persons with disabilities, bringing disability-inclusive governance closer to the grassroots level.
- Community engagement: The state emphasizes consistent interaction with persons with disabilities and their representative organizations to understand ground realities and address systemic issues.
- Mobile adalats: These traveling courts reach remote areas, providing on-the-spot grievance redressal for persons with disabilities. Prior notice is given through district nodal offices, allowing individuals and institutions to present their grievances. This initiative has been particularly effective in resolving issues for persons with disabilities and their families in underserved regions.
- District Disability Management Review (DDMR): This inclusive governance tool allows the State Commissioner to monitor the implementation of development and welfare programs at the district level. The DDMR tracks how effectively departments are fulfilling quotas earmarked for persons with disabilities.
RECENT GROUNDBREAKING INITIATIVES:
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- Accessibility in Entertainment and Sports: In a groundbreaking move, Disney+Hotstar and Star Sports Network announced special telecast arrangements for the T20 World Cup, featuring Indian Sign Language (ISL) interpretation and descriptive audio commentary. This initiative marks the first time that a T20 World Cup will be telecast with ISL interpretation and descriptive commentary, catering to an estimated 6.3 crore deaf individuals and 4 crore visually impaired individuals in India.
- Inclusive infrastructure in stadiums and theaters: The concept of sensory viewing rooms, pioneered by Peter and Kate Shippey in 2014, has gained traction. These soundproofed rooms allow fans with sensory needs to watch matches without the potential sensory overload of a crowded stadium. Clubs like Sunderland AFC, Watford FC, and Middlesbrough have implemented such facilities, significantly enhancing the match-day experience for neurodivergent fans.
- Supreme Court ruling on representation of disabilities in media: The Court emphasized that stereotyping is antithetical to dignity and non-discrimination. It distinguished between “disabling humor,” which demeans persons with disabilities, and “disability humor,” which challenges conventional wisdom about disability.
- Accessible India Campaign: The campaign targets three main verticals: built environment, transportation ecosystem, and information and communication technologies (ICT). Initially, it aimed to make 50 important buildings in tier 1 cities and 25 key buildings in tier 2 cities fully accessible.
THE WAY FORWARD:
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- Strengthen State Commissioner offices: Implement transparent, merit-based appointment processes for State Commissioners, prioritizing candidates with relevant expertise in disability rights, law, and social work. Provide adequate resources, infrastructure, and support staff to the Commissioner’s offices.
- Improve representation in media and entertainment: Support cultural events and art initiatives showcasing talents of persons with disabilities. Implement the Supreme Court guidelines on respectful portrayal of persons with disabilities in visual media.
- Undertaking research in disability rights: Research can provide crucial data to inform and refine disability-inclusive policies. Research exploring the compounded challenges faced by persons with disabilities from marginalized communities can help develop more nuanced and targeted interventions. Research on innovative assistive technologies can improve the quality of life and independence of persons with disabilities.
- Economic Potential and Future Outlook: 2024 report by The Return on Disability Group (RoDG), the total spending power of people with disabilities (PWD) and their families is estimated to exceed $18 trillion USD. The disability market is the largest emerging market in the world, yet all organizations fail to capture its full value.
- Technological advancements and their role in improving accessibility: Smart prosthetics and robotic limbs are becoming increasingly sophisticated, using AI to interpret user intent and adjust movements in real-time. VR and AR technologies open new possibilities for people with disabilities, particularly in education and training.
THE CONCLUSION:
Accessibility is the first requirement in creating a disability-inclusive world. As India approaches the 20th anniversary of the UN Convention on the Rights of Persons with Disabilities in 2026, there is a growing recognition of the need for comprehensive inclusion across all sectors, from governance to entertainment, highlighting the economic potential and human rights imperative of disability inclusion.
UPSC PAST YEAR QUESTION:
Q. The Rights of Persons with Disabilities Act, 2016, remains only a legal document without intense sensitization of government functionaries and citizens regarding disability. Comment.
MAINS PRACTICE QUESTION:
Q. The Rights of Persons with Disabilities Act 2016 established State Commissioners for Disabilities with significant powers. Critically examine
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