India’s Disability Law
Syllabus: GS2/Vulnerable Sections
News
- The Central Public Works Department (CPWD) recently asked its regional offices to ensure that “all public buildings are accessible to people with disabilities”.
Persons with Disabilities(PWDs)
- As per United Nations Conventions on the Rights of Persons with Disabilities PWDs include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
- As per National Family Health Survey, India’s population of people with a disability has reduced to 1% between 2019 and 2021, from the 2.2% (26.8 million) estimated by the Indian census in 2011.
- As per 2011 population census, 20% of persons with disabilities in India have a disability in movement, 19% have a disability in seeing, 19% have a disability in hearing and 8% have multiple disabilities.
India’s Disability Law: Rights of Persons with Disabilities Act 2016
- The RPWD Act, 2016 provides that “the appropriate Government shall ensure that the PWD enjoys the right to equality, life with dignity, and respect for his or her own integrity equally with others.”
- The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
- It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
- The convention was adopted by the UN General Assembly in December 2006, and entered into force in 2008. India ratified the convention in 2007.
- Disability has been defined based on an evolving and dynamic concept.
- The types of disabilities covered are 21 and the Central Government has the power to add more types of disabilities.
- The Act provides for penalties for offences committed against persons with disabilities and also violation of the provisions of the new law.
- Special Courts will be designated in each district to handle cases concerning the violation of the rights of PwDs.
Issues/ Challenges
- Social Stigma: The word disability is being seen as a social stigma, according to which parents feel ashamed of their children, and in fear most of them feel uncomfortable in public upfront.
- Institutional Failures: Indian education system and Government institutions both are failing in making arrangements for the welfare for disabled persons to an extent. There should be proper seats for disabled persons at classrooms as well as at the exam centres.
- Illiteracy is particularly prevalent among disabled people and constitutes a double disadvantage. In addition to being disabled, they are isolated by illiteracy.
- Unemployment: Disabled persons are the ones who are scapegoats in getting fired at tenure of recessions. They are first to be discharged from their services when cost cutting methods are adopted by the companies.
- Poor implementation: According to PwDs and activists, the 2016 guidelines were never implemented, and the 2021 guidelines are being treated similarly. No state has implemented the harmonized guidelines released in 2021, in their building by-laws.
- Lack of awareness and accountability: The implementation of accessibility standards has been haphazard. There is no consistency, there is a lack of budgetary allocation, and no monitoring and sensitisation.
Measures Needed
- Change in approach from ‘For’ PWD to ‘By’ PWD: “For” implies actions or initiatives done on behalf of persons with disabilities, while “by” signifies involvement and participation of persons with disabilities in the process.
- Formulation of Comprehensive Inclusive Policies: With focus on addressing unique challenges faced by individuals with disabilities that encompasses social, economic, and gender dimensions.
- The inclusion of persons with disabilities into the economy can help boost global GDP between 3% to 7%, as per the study by the International Labour Organization (ILO).
- Collaborative Process with PWDs and private sector: Where persons with disabilities are not passive recipients but active contributors and the private sector as a key player in promoting employment opportunities for persons with disabilities.
- Opportunities Cafe in Kolkata is run by 16 young adults who have intellectual disabilities, who are trained in hospitality by the cafe itself.
- Attitudinal Shift and Social Justice: The SPARK project by ILO with Women’s Development Corporation in Maharashtra has contributed to an attitudinal shift towards PWDs by putting them in the lead and trained as Disability Inclusion Facilitators (DIFs).
- Education system: There should be reforms in Education system to build a better society through which disabled persons can face the challenges of life with courage and conscience.
- PWD-friendly infrastructure: Universal accessibility should be incorporated in the site planning and detailed working drawings of public as well as private projects.
- Job-oriented training: Job-oriented training is the need of the time. There should be well trained professionals for training who can ignite the minds and train them to cater the needs of the service industry.
- Vocal and linguistic teachers should be recruited for the overall well being of the people.
Government Schemes and Initiatives
- The Harmonised Guidelines and Standards for Universal Accessibility in India, 2021: These guidelines are an enabling step towards strengthening the national mandate of an Accessible India and a self-reliant India with a vision for a universally accessible and inclusive India.
- Department of Empowerment of Persons with Disabilities: Understanding the special needs of Persons with Disabilities (PwDs), the government carved out a special department under the Ministry of Social Justice and Empowerment.
- ‘Divyang’: With a view to change the societal attitude towards PwDs and to encourage them to participate in the society without any feeling of inferiority, the Prime Minister coined the term ‘divyang’ to denote PwDs.
- Accessible India Campaign: The campaign was launched in 2015 to create a barrier-free environment for divyangjan. The project envisages creation of ramps, help desks and accessible toilets in public places.
- Sugamya Bharat: To understand the problems of divyangjan, the Government has launched the Sugamya Bharat app. The app lets people provide feedback on accessibility issues for PwDs.
- Unique Disability Identity Project (UDID): The Project is aimed at easing disability certification, while weeding out fraud in the process.
- Divya Kala Shakti: It is a scheme of the Government of India to encourage divyangjan to participate in cultural activities.
- Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP) Scheme: Under this programme, the Government provides aids and assistive devices to PwDs.
Conclusion
- PWDs constitute one of the most vulnerable sections of the country. They also can be a source of untapped potential, which, if harnessed well, may increase the economic growth and development in the country.
- The need of the hour is proper sensitization of the community towards the issues faced by PwDs, as well as to remove the social stigma attached to their integration into the society.
Code to Check Unethical Drug Practices
Syllabus: GS2/Health, GS4/ Ethics
Context
- The Union government has notified a code outlining strategies to promote pharmaceutical products and curb unethical practices within the sector.
Uniform Code for Pharmaceuticals Marketing Practices (UCPMP) 2024
- A drug can only be promoted after obtaining marketing approval, and the term ‘safe’ cannot be used without qualification.
- Free drug samples should not be supplied to individuals who are not qualified to prescribe such products.
- It prohibits healthcare professionals from accepting gifts from pharma companies or agents, including paid vacations, unless attending conferences, seminars, or workshops where the speaker is participating in Continuing Medical Education (CME) or Continuing Professional Development (CPD) programmes.
- Brand names of products of other companies must not be used in comparison unless the prior consent of the companies concerned has been obtained,
- Under the guidelines, companies may provide informational and educational material such as books and clinical treatment guidelines, valued at not more than Rs 1,000 per item.
- Various pharmaceutical associations have been instructed to set up an “Ethics Committee for Pharma Marketing Practices” to handle complaints.
Pharma-Doctor Nexus: Freebies to Doctors
- Freebies referred to as the “Doctors’ Commission” have always been a part of the system and pharma companies give out gifts, in cash or kind, to medical professionals to prescribe their brand of drug.
- Justice D.Y. Chandrachud had described the issue as ‘serious’ when the manufacturer making an antipyretic drug ‘Dolo’ had allegedly spent exorbitant amounts of money on marketing.
Challenges Associated with this Relationship
- Conflict of Interest: Doctors are expected to make medical decisions based on the best interests of patients, and financial or material benefits may compromise this objectivity.
- Patient Trust and Confidence: Patients rely on the expertise and unbiased judgment of their doctors, and any perception of undue influence from pharmaceutical companies can undermine this trust.
- Economic Impact on Healthcare Costs: If doctors are influenced to prescribe more expensive medications due to relationships with pharmaceutical companies, it could contribute to higher healthcare costs.
- Professional Ethics and Integrity: Medical professionals are expected to adhere to ethical standards that prioritize patient welfare.
- Accepting gifts or benefits from pharmaceutical companies may be perceived as a breach of professional ethics and integrity.
- Regulatory Compliance: Violations of guidelines and regulations, such as those set by the Medical Council of India (MCI) or other regulatory bodies, can lead to professional and legal consequences for doctors and pharmaceutical companies.
- Public Perception and Image: The perception of a cozy relationship between doctors and pharmaceutical companies can negatively impact the image of the healthcare profession as a whole. It may be perceived as prioritizing commercial interests over patient welfare.
Other Measures taken by Government
- Medical Council of India (MCI) Guidelines: The MCI, which regulates the medical profession in India, has issued guidelines that address the issue of gifts and benefits from pharmaceutical companies.
- These guidelines emphasize maintaining professional independence and integrity.
- National Pharmaceutical Pricing Authority (NPPA): The NPPA monitors and regulates the prices of pharmaceutical products in India. While its primary focus is on pricing, it also plays a role in ensuring fair trade practices within the pharmaceutical industry.
- Collaboration with Professional Bodies: The government collaborates with professional medical associations and bodies to develop and implement guidelines that address the ethical concerns related to interactions between doctors and pharmaceutical companies.
| Indian Pharmaceutical Industry – Indian pharmaceutical industry is the 3rd largest pharmaceutical industry in the world by volume with current market size of around USD 50 Billions. – India, the world’s largest provider of generic drugs exported pharmaceuticals worth over 25 billion U.S. dollars in the financial year 2023. – According to the Indian Economic Survey 2021, the pharmaceutical industry in India is expected to reach USD 120-130 Billion by 2030. |
Sabarmati Gandhi Ashram Redevelopment Project
Syllabus: GS1/Modern History
Context
- The Prime Minister launched a master plan for the Sabarmati Gandhi Ashram redevelopment project and inaugurated the redeveloped Kochrab Ashram in Ahmedabad on the anniversary of the Dandi March.
About
- The central government and Gujarat government are jointly implementing the Gandhi Ashram Memorial and Precinct Development Project.
- The redevelopment and restoration plan is based on an aerial image from 1949 of the ashram and on the ashram’s documented accounts.
- A ‘Mohan to Mahatma Park’, an arboretum that will have trees from “all states and Union Territories”, a herbal garden shaped in the famous pose of Gandhi walking with his staff , a meditation hall, and a ‘dhyan kendra’: these have been proposed.
Historical Importance of the Gandhi Ashram at Sabarmati:
- Setting up of Ashrams: Mahatma Gandhi set up five settlements during his lifetime — two in South Africa (Phoenix Settlement in Natal, and Tolstoy Farm outside Johannesburg), where he lived from 1893 to 1914, and three in India, where he arrived in 1915.
- He set up the first ashram in Ahmedabad in Kocharab in 1915.
- Sabarmati Ashram: In 1917, Gandhiji founded the ashram at Sabarmati — his fourth ashram — on the western bank of the Sabarmati River.
- The location was to the north of the village of Juna Vadaj, beyond the Chandrabhaga rivulet, a tributary of the Sabarmati.
- Time Spent in Ashram: Gandhi spent the most time here, and it was the cradle of eight major movements related to India’s struggle for independence.
- Movements Launched: Apart from the Dandi March that Gandhiji began from here on March 12, 1930, he also launched the Champaran Satyagraha (1917), the Ahmedabad mills strike and Kheda Satyagraha (1918), the Khadi movement (1918), the Rowlatt Act and Khilafat Movements (1919), and the Non-Cooperation movement (1920) while living in Sabarmati.
19th Foundation Day of NCPCR
Syllabus: GS2/Indian Polity
Context
- The National Commission for Protection of Child Rights (NCPCR) celebrated its 19th Foundation Day on 12th March, 2024.
About
- National Commission for Protection of Child Rights (NCPCR was established in 2007 under the Commission for Protection of Child Rights Act, 2005.
- The commission’s mandate is to ensure that all laws, policies, programs and administrative systems conform to the vision of the rights of the child as enunciated in the Constitution of India as well as the United Nations Convention on the Rights of the Child.
- A child is defined as a person falling in the age group of 0 to 18 years.
- Functions of NCPCR: NCPCR is constantly broadening the range of activities that can be undertaken such as developing new strategies for better monitoring, developing step-by-step processes to enable the authorities to carry out their duties.
- It also includes preparing policy frameworks, using digital technology for improving the monitoring process, undertaking research studies, and first hand investigation on matters of serious nature.
What Rights do Children Have?
- Child rights elaborate upon the do’s and don’ts of dealing with children and matters related to them.
- These needs or requirements of children have been broadly divided into four areas or categories- survival, development, protection and participation.
Constitutional Rights of Children in India
- The Constitution of India guarantees all children certain rights these include:
- Right to free and compulsory elementary education for all children in the 6-14 year age group (Article 21 A).
- Right to be protected from any hazardous employment till the age of 14 years (Article 24).
- Right to be protected from being abused and forced by economic necessity to enter occupations unsuited to their age or strength (Article 39(e)).
- Right to equal opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and guaranteed protection of childhood and youth against exploitation and against moral and material abandonment (Article 39 (f)).
India have Following Major Acts for Children:
- Protection of Children from Sexual Offences Act, 2012
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Rights of Children to Free and Compulsory Education (RTE) Act, 2009
- Child Labour (Prohibition and Regulation) Amendment Act, 2016
- Prohibition of Child Marriage Act, 2006
- Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT) Act, 1994.
| United Nations Convention on the Rights Of The Child – Applies equally to both girls and boys up to the age of 18, even if they are married or already have children of their own. – The convention is guided by the principles of ‘Best Interest of the Child’ and ‘Non-discrimination’ and ‘Respect for views of the child.’ – It emphasises the importance of the family and the need to create an environment that is conducive to the healthy growth and development of children. – It obligates the state to respect and ensure that children get a fair and equitable deal in society. |
