Table of Contents
Disabled Persons
This article deals with ‘Disabled Persons ’. This is part of our series on ‘Society’ which is an important pillar of the GS-1 syllabus. For more articles, you can click here.
![Disabled Persons](https://civilspedia.com/wp-content/uploads/2022/03/image-7.png)
These people told the world that it is not the disability but one’s ability that counts.
Introduction
Persons with Disability Act recognises 21 types of disabilities like
- Blindness
- Low vision
- Leprosy cured
- Hearing impairment
- Locomotor disability
- Mental retardation
- Mental illness
- Acid Attack victims
- Dwarfism
2011 Census says 2.21% of the Indian population is disabled (which is an underestimation).
Issues with Disables
- Disability is not measured correctly in India. Census depends on self-reporting of disability, and many don’t report owing to social stigma.
- India looks at disability from a medical or pathological angle only. Most developed countries look from a social angle.
- Lack of Institutional and Infrastructural Support for the disabled in India.
- Lack of schools for disabled
- Physical infrastructure is not disabled-friendly.
- Under the new GST regime, almost all disability aids and appliances are to be taxed at the rate of 5% or 12%.
- Employment: Private sector is reluctant to employ the disabled.
- Inaccessible Infrastructure: Physical accessibility in buildings, transportation, access to services etc., remains a challenge for the physically disabled.
Rights of Person with Disability Act, 2016
- The act was brought to fulfil obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) ratified by India in 2007.
Provisions
- Types of disabilities have been increased from existing 7 to 21, including Acid Attack Victims, Dwarfism, etc
- Reservation in government jobs has increased from 3% to 4%.
- Every disabled child in age group 6 and 18 years has the right to free education.
- Ensure accessibility in public buildings (both Government and private).
- Special Courts for handling cases concerning violation of rights of PwDs.
Benefits
- Right based approach: This will help to move the discourse away from charity.
- Broader coverage: The list of disabilities is expanded from 7 to 21.
- Provides reservation and hence will help in Socio-Economic development.
Criticism
- Reservation: Reservation was 5% in the 2014 proposed bill but reduced to 4% in this act.
- There is no provision regarding insurance companies that they cant charge higher premiums from Disabled persons.
Marrakech Treaty and blind
- Under Marrakech Treaty, copyrights don’t apply if the book is reproduced for the visually challenged.
- India has ratified this treaty in 2014.
- India has launched Sugamya Pustkalya in line with the treaty.
Sugamya Bharat Abhiyaan (Accessible India Campaign )
- Sugamya Bharat Abhiyaan is aimed at creating a barrier-free environment for the disabled.
- The scheme draws inspiration from United Nations Convention on Rights for Persons with Disabilities (2007) and Incheon Strategy.
- The campaign targets three separate verticals for
- Equality in Accessing built-up environment (i.e. Disable friendly buildings)
- Equality in Accessing Information and Communication
- Equality in Accessing Transportation
![Accessible India Campaign](https://civilspedia.com/wp-content/uploads/2022/03/image-8.png)
Mental Healthcare Act, 2017
- The act defines “mental illness” in line with the UN Convention on Rights of Person with Disability.
- The right to confidentiality has been given to persons with mental illness.
- Central Mental Health Authority and State Mental Health Authority has been set up to register psychologists, mental health nurses etc.
- Suicide has been decriminalised (IPC Section 309) & presumed to be suffering from mental illness.
- It has prohibited electro-convulsive therapy without the use of muscle relaxants and anaesthesia.