Editorial#1 Citizens with Disabilities: Making Their Rights Real
Context:
The issue of safeguarding the rights of persons with disabilities (PwDs) in India demands urgent attention. Data from the 2011 Census indicates that PwDs constitute 2.21% of the total population, a figure widely considered underestimated. The 2019 Brief Disability Model Survey by the World Health Organization (WHO) estimated the prevalence of severe disability among Indian adults at 16%, reflecting the need for greater focus on disability inclusion. India ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2007, necessitating the alignment of national legislation with global disability rights standards.
The Rights of Persons with Disabilities (RPWD) Act, 2016
The RPWD Act, 2016 replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 to promote a social and human rights model of disability rights. A notable provision under this legislation is the establishment of State Commissioners for Disabilities, responsible for monitoring, reviewing, and adjudicating issues related to disability rights.
Powers and Role of the State Commissioners
Under Section 82 of the RPWD Act, State Commissioners are vested with quasi-judicial powers, equivalent to those of a civil court, allowing them to:
- Conduct inquiries into violations of the Act.
- Recommend corrective measures for policies contravening the Act.
- Address grievances related to the deprivation of rights of PwDs.
However, the performance of State Commissioners in many States has been suboptimal due to delays in appointments and inadequate support from State governments.
Challenges in Implementation
- Appointment Issues:
- While the RPWD Rules advocate appointing individuals with expertise in law, human rights, education, social work, or rehabilitation, many State Commissioners are civil servants from nodal ministries.
- This compromises the impartiality and independence needed for the role, as highlighted in Seema Girija Lal v. Union of India (2021).
- Only eight States have appointed non-civil servant commissioners, as per the 2021-22 report of the Chief Commissioner for Persons with Disabilities.
- Limited Interventions:
- Despite having powers to act suo motu, many State Commissioners fail to address systemic discrimination or contraventions of the Act, leading to erosion of public trust.
- Lack of Engagement:
- Insufficient interaction with organizations of persons with disabilities (OPDs) results in ineffective identification and resolution of discriminatory practices.
Best Practices and Recommendations
Progressive Models:
- Karnataka’s Initiatives:
- Mobile Adalats: Conducted in remote areas to address grievances on the spot.
- District Disability Management Reviews (DDMR): Monitor district-level implementation of disability welfare schemes.
- Designation of District Magistrates as Deputy Commissioners for Disabilities: Enhances local governance and inclusion.
- Delhi’s Model: Proactive in grievance redress and building confidence among PwDs.
Capacity Building:
- Collaboration with law schools, civil society organizations, and legal experts to strengthen the quasi-judicial capabilities of State Commissioners.
- Building awareness among government officials about the provisions of the RPWD Act.
Transparency and Accountability:
- Maintain dashboards on the websites of State Commissioners’ offices to display:
- Number of cases received, disposed of, and pending.
- Annual and special reports submitted to governments.
Inclusive Appointments:
- Appoint representatives from civil society or qualified women with disabilities to address intersectional discrimination.
Research and International Collaboration
State Commissioners can collaborate with UN agencies under the UN Disability Inclusion Strategy to conduct research on:
- Disability-inclusive social protection.
- The care economy and its impact on PwDs.
- Climate change and its implications for PwDs.
The findings from such research can inform inclusive policymaking and advance disability rights.
Conclusion
State Commissioners have a pivotal role in ensuring the effective implementation of the RPWD Act and upholding the rights of PwDs. However, systemic challenges, including delays in appointments, lack of independent functioning, and inadequate engagement, hinder their performance. By adopting best practices, enhancing capacity, and fostering transparency, States can strengthen these statutory offices and make the rights of PwDs a lived reality. Empowering the most vulnerable citizens is a fundamental step towards achieving social justice and inclusivity.
Value addition:
Quotes for Enrichment
- Mahatma Gandhi: “A nation’s greatness is measured by how it treats its weakest members.”
- UN Secretary-General António Guterres: “Leaving no one behind means leaving no one out, including persons with disabilities.”
