Why in the News?

  • The Supreme Court highlighted significant lapses in the implementation of the RPwD Act, 2016 in states like Andhra Pradesh, Chhattisgarh, Uttar Pradesh, Punjab, Tripura, and the Union Territory of Chandigarh.
  • Key areas of non-compliance include:
    1. Non-appointment of State Commissioners for PwDs.
    2. Non-creation of State Funds for PwDs.
    3. Lack of formation of assessment boards for issuing disability certificates.
    4. Absence of Special Courts for addressing grievances of PwDs.
  • The Court directed these states to ensure compliance by June 30, with the Ministry of Social Justice and Empowerment tasked with updating the Court on implementation progress.

Introduction

The Supreme Court of India, in the Seema Girija Lal & Anr Vs Union of India & Ors case, recently expressed its dissatisfaction over the inadequate implementation of the Rights of Persons with Disabilities (RPwD) Act, 2016 across multiple states. This reflects a systemic neglect towards the rights and welfare of Persons with Disabilities (PwDs). Despite constitutional guarantees and legislative provisions, many states are failing to meet key obligations under the Act, necessitating urgent corrective measures.

About Persons with Disabilities (PwDs)

  • PwDs face stigma, discrimination, and systemic neglect stemming from socio-cultural prejudices and misconceptions.
  • Despite constitutional guarantees of equality, their abilities are often underestimated, leading to a cycle of underachievement.

Key Provisions of the RPwD Act, 2016

  • Background: Enacted to align with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) of 2007, the Act ensures dignity, non-discrimination, and equal opportunities for PwDs.
  • Definition of PwD: Refers to individuals with long-term physical, mental, intellectual, or sensory impairments that hinder their societal participation.
  • Recognized Disabilities: Includes 21 disabilities such as intellectual disability, acid attack victims, and mental illness.
  • Rights Enumerated:
    • Equality and respect for life and dignity.
    • Protection from abuse, exploitation, and violence.
    • Rights to home, family, reproductive health, voting, and property inheritance.
  • Benchmark Disabilities: Defined as at least 40% of a specified disability, certified by competent authorities.
  • Guardianship Provisions:
    • Limited guardianship based on mutual trust between the guardian and the PwD.
    • District Courts or designated authorities may assign total or limited support as needed.
  • Social Security: Mandates the government to ensure adequate living standards for PwDs, promoting independent living.

Challenges in Implementing the RPwD Act

1. Inadequate Allocation of Resources

  • Parliamentary Standing Committee (2022-23) flagged budgetary shortfalls.
  • Example: Between 2016-2021, SIPDA components grew from 6 to 13, but funding increased by less than 9%.
  • Disability pension under Indira Gandhi National Disability Pension Scheme remains too low (₹300-₹500/month).

2. Coordination Issues

  • Effective implementation requires coordination across states, districts, and departments.
  • Non-receipt of Utilisation Certificates often delays fund disbursement by the Centre.

3. Rehabilitation Services

  • 69% of PwDs reside in rural areas with limited access to rehabilitation services.
  • Deendayal Disabled Rehabilitation Scheme struggles due to inadequate cost norms and scarcity of professionals in remote areas.

4. Educational Empowerment Challenges

  • Budgetary allocations for educational schemes for PwDs have remained stagnant.
  • Except for the National Fellowship Scheme, most targets remain unmet.

5. Lack of Data and Research

  • Absence of reliable, updated, and disaggregated data hampers evidence-based policymaking and targeted interventions.

Initiatives Taken for PwDs

  • Draft National Policy for PwDs (2022): Aligns with UNCRPD, RPwD Act, and NEP 2020 to promote inclusive education.
  • Legislations:
    1. Rehabilitation Council of India Act, 1992.
    2. National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.
    3. Mental Healthcare Act, 2017.
  • Accessible India Campaign (2015): Aims to enhance the accessibility of physical infrastructure, transportation, and communication systems.
  • Skill Development Programmes: Focuses on enhancing employability.
  • Early Intervention Centres: Established at district headquarters and government medical colleges.
  • International Commitments:
    • Adoption of the Incheon Strategy to "Make the Right Real" for PwDs in Asia-Pacific.
    • Participation in the Biwako Millennium Framework for creating an inclusive and rights-based society.

Way Forward

1. Strengthening State Capacities

  • The Union Ministry should assist states with resources, expert guidance, and implementation strategies.

2. Enhancing Collaboration

  • Promote partnerships across government departments, civil society, disability rights organizations, and the private sector to advance the inclusion of PwDs.

3. Improving Accessibility

  • Accessibility criteria should be embedded in central and state procurement policies for physical, digital, and transport infrastructure.

4. Advancing Monitoring and Research

  • Develop robust data systems to track RPwD Act implementation and assess its impact.
  • Support research to address regional challenges faced by PwDs.

5. Social Audit

  • Prioritize social audits as mandated under Section 48 of the RPwD Act to evaluate the inclusiveness of schemes involving PwDs.

Conclusion

The RPwD Act, 2016, marks a significant legislative milestone in promoting the rights and dignity of PwDs. However, its implementation remains sub-optimal due to systemic challenges. Ensuring robust resource allocation, coordinated efforts, and inclusive policy measures is essential for addressing these gaps. With collaborative efforts, India can fulfill its commitment to building an inclusive and equitable society for all its citizens. This will not only enhance the quality of life for PwDs but also contribute to the nation’s overall socio-economic growth.

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