03 Oct A Commitment to Equality: Understanding the Rights of Persons with Disabilities Act, 2016
This article covers “Daily Current Affairs” and topic details of the Understanding the Rights of Persons with Disabilities Act, 2016
Syllabus mapping:
GS-2: Social justice: Vulnerable section and government policies to protect them.
For Prelims:
What are persons with disabilities, government policies, and constitutional provisions?
For Mains:
What are the key features of the Act, the significance of the act, challenges, and solutions to make it more effective?
Why in the News?
Union Minister Dr. Virendra Kumar Felicitates National Toppers in Disability Rehabilitation & Special Education.
Constitutional Provisions Related to Persons with Disabilities
Article 14: Guarantees equality before the law and equal protection of the laws for all individuals, including persons with disabilities, ensuring non-discrimination.
Fundamental Rights (Part III): Encompasses various rights that uphold the dignity and equality of persons with disabilities, protecting them from discrimination and ensuring their participation in society.
Directive Principles of State Policy (DPSP) – Article 41: Mandates the State to secure the right to work, education, and public assistance for persons with disabilities, aiming for their social and economic welfare.
Article 243G (Part IX): Empowers local self-governments to promote the social welfare of persons with disabilities alongside other citizens, ensuring inclusive development at the grassroots level.
Article 326 (Part XV): Guarantees the right to vote for all citizens, including persons with disabilities, ensuring their participation in the democratic process.
THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016:
An Act to implement the United Nations Convention on the Rights of Persons with Disabilities and related matters.
Rights and Entitlements Under the Act
- Equality and non-discrimination
- Women and children with disabilities
- Community life
- Protection from cruelty and inhuman treatment
- Protection from abuse, violence, and exploitation
- Protection and safety
- Home and family
- Reproductive rights
- Accessibility in voting
- Access to justice
- Legal capacity
- Provision for guardianship
- Designation of authorities to support
Key provisions:
Rights and Entitlements: Ensures comprehensive rights and entitlements for persons with disabilities.
Education and Employment: Mandates inclusive education and promotes skill development and employment opportunities.
Social Security and Health: Provides social security measures and ensures access to healthcare services.
Rehabilitation and Recreation: Supports rehabilitation services and recreational activities for individuals with disabilities.
Special Provisions for Benchmark and High Support Needs: Establishes specific provisions for individuals with benchmark disabilities and those requiring high levels of support.
Government Responsibilities: Outlines the duties of government bodies to uphold and implement the rights of persons with disabilities.
Awareness Campaigns and Accessibility: Promotes awareness initiatives and mandates accessibility standards in public and private spaces.
Transport and Communication Accessibility: Ensures accessible transportation services and inclusive access to information and communication technology.
Regulation of Institutions and Certification: Requires registration and regulation of institutions for persons with disabilities and establishes a process for certifying specific disabilities.
Advisory Boards and Special Courts: Creates Central and State Advisory Boards on disability and establishes special courts to address disability rights violations.
Significance of the Act:
Legal Recognition: Provides formal legal recognition of the rights of persons with disabilities.
Protection of Rights: Safeguards the fundamental rights of individuals with disabilities.
Specified Responsibilities of Authorities: Clearly defines the responsibilities of government and relevant authorities.
Inclusiveness of Public Infrastructure: Promotes the development of accessible public infrastructure.
Family Role and Responsibility: Acknowledges the importance of family support in the lives of persons with disabilities.
Special Attention to Persons with Disabilities: Ensures focused attention on the needs and rights of individuals with disabilities.
Uniformity Across India: Establishes a uniform framework for the rights of persons with disabilities across the country.
Barrier-Free Environment: Aims to create a barrier-free environment for persons with disabilities.
Protection of Significant Rights: Safeguards essential rights, including voting and reproductive rights.
Promotion of Social Inclusion: Encourages the social inclusion and participation of persons with disabilities in all aspects of life.
Issues with the Rights of Persons with Disabilities Act, 2016:
Quantification of Disability: The current frameworks for quantifying disabilities often lack precision, which can affect the benefits and services provided.
Reservation Policies: Implementation of reservations in higher education and employment is inconsistent, leading to limited opportunities for persons with disabilities.
Discrimination: Discrimination against persons with disabilities persists across various sectors, with women facing heightened levels of bias and marginalization.
Lack of Support for Rural Persons with Disabilities: Individuals in rural areas often lack access to necessary support services, infrastructure, and resources, exacerbating their challenges.
Misuse of Disability Certificates: Instances of fraudulent use of disability certificates can undermine the integrity of support systems and lead to resource misallocation.
Lack of Training Centers: There is a shortage of equipped training centers that can provide skills development and vocational training tailored for persons with disabilities.
Accessibility Issues: Only about 30% of public infrastructure is currently accessible, limiting mobility and participation in society for persons with disabilities.
Inadequate Funding: There are insufficient financial allocations for programs and services aimed at supporting persons with disabilities, which hinders the effective implementation of policies.
Awareness and Sensitization: A lack of awareness and understanding of disability issues among the general population and service providers leads to stigmatization and inadequate support.
Way Forwards
Stakeholder Consultation: Engage all relevant stakeholders (government, NGOs, community representatives, and persons with disabilities) in decision-making processes to ensure diverse perspectives are considered.
Increased Funding Allocation: Advocate for enhanced budgetary provisions specifically aimed at disability services, infrastructure, and support programs.
Health Facilities under Ayushman Bharat: Expand access to health services for persons with disabilities under the Ayushman Bharat scheme, ensuring comprehensive care and support.
Visibility of Achievements: Promote and celebrate the achievements of persons with disabilities to raise awareness and challenge societal perceptions.
Accessible India Campaign: Elevate the Accessible India Campaign to a national movement, ensuring a commitment to universal accessibility in all public and private sectors.
Focus on Women and Seniors: Implement targeted initiatives to address the unique challenges faced by women with disabilities and senior citizens.
Skill Training and Vocational Programs: Develop and expand skill training and vocational programs for youth with disabilities, enhancing employability and independence.
Effective Implementation of Reservation Policies: Ensure strict adherence to reservation policies in education and employment, monitoring compliance and addressing violations promptly.
Training for Officials: Provide specialized training for government officials and special officers at the district level to better understand and support the needs of persons with disabilities.
Proper Quantification of Disabilities: Develop standardized methods for accurately quantifying disabilities, facilitating appropriate access to resources and services.
Conclusion:
The Rights of Persons with Disabilities Act, of 2016, marks a significant milestone in legally recognizing the rights of individuals with disabilities. Over the past eight years, the Act has had positive impacts. However, to truly make it a game changer and fulfill the commitment to equality, it is essential to address key issues in its implementation. This will ensure that the rights and opportunities for persons with disabilities are fully realized.
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Prelims Question:
Q. Consider the following statements:
Statement-I: Under Schedule Seven of the Indian Constitution, the subject of “Relief of the disabled and unemployable” is mentioned in the Union List.
Statement II: The Union Legislature enacted the Rights of Persons with Disabilities Act, of 2016, to protect and promote the rights of persons with disabilities.
Which one of the following is correct in respect of the above statements?
A. Both Statement I and Statement II are correct and Statement II is the correct explanation for Statement I
B. Both Statement I and Statement II are correct and Statement II is not the correct explanation for Statement I
C. Statement I is correct but Statement II is incorrect
D. Statement I is incorrect but Statement II is correct
ANSWER: D
Mains Question:
The Rights of Persons with Disabilities Act, of 2016, marks a significant milestone in legally recognizing the rights of individuals with disabilities. Explain. (Answer in 250 words)
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